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Home My WebLink AboutAgenda 08-01-06 WebA G E N D A #2616 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, AUGUST 1, 2006 AT 5:00 P.M. 4:00-5:00 P.M. WORK SESSION FOR AGENDA REVIEW I.INVOCATION – Mayor Pro Tempore Harry Shawver II.PLEDGE OF ALLEGIANCE – Mayor Pro Tempore Harry Shawver/Boy Scouts III.INTRODUCTION OF COUNCIL – Mayor James H. Holmes, III IV.INTRODUCTION OF STAFF – City Manager Bob Livingston V.AWARDS AND RECOGNITION DEPARTMENT PIN: Police Officer Al Rosales for five years of service to the City. PROCLAMATION: Declaring September 17-23 as Constitution Week. VI. CONSENT AGENDA A.CONSIDER: Approval of SharpeSoft Integrated Project Management Software for the Engineering Department B.CONSIDER: Change Order No. 5 for the Turtle Creek Box Culvert for City Hall Expansion, Project 43710 C.CONSIDER: Approval of City Council Meeting Minutes for July 18, 2006 VII.MAIN AGENDA A. CONSIDER: Resolution Appointing Dr. Kenneth C. Killen as City Health Authority B. CONSIDER: Site Plan for Christ Lutheran Church, 3001 Lovers Lane C. CONSIDER: Approval of Request from Reynolds Outdoor to Locate Information Kiosks in Snider Plaza D. PUBLIC HEARING: To Amend the Comprehensive Zoning Ordinance to Require a Fence Permit, Fence Requirements in Residential Districts, and Regulating Waste Collection E. CONSIDER: Ordinance Amending Comprehensive Zoning Ordinance Section 13-100 (1), Section 28-105 (1) (d) and Section 11.106 (a) F. PUBLIC HEARING: To Amend the Comprehensive Zoning Ordinance to Regulate Features Allowed in the Front Yards of Single Family Districts G. CONSIDER: Ordinance Amending Comprehensive Zoning Ordinance Section 21-100 (4) (b) H. CONSIDER: Right-of-Way License Agreement, 5801 Hillcrest I. CONSIDER: Contract Amendment for City Hall Landscape J. CONSIDER: Ordinance Prohibiting Irrigation of Lawns and Landscaping Between 10:00 a.m. and 6:00 p.m. K. CONSIDER: Budget FY2007 and Schedule Public Hearing L. CONSIDER: Adoption of 2006 Property Appraisal Roll M. DISCUSS: Date for City Council/Staff Retreat 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 REPORTS, BOARD AND COMMITTEE MEETING MINUTES A.BOARD OF ADJUSTMENT Minutes for June 12, 2006. B.EMPLOYEE BENFITS ADVISORY COMMITTEE C.FINANCE ADVISORY COMMITTEE D.PARK ADVISORY COMMITTEE E.PLANNING & ZONING COMMISSION Minutes for June 19, 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 '.l s:. III f] IN WITNESS I of tile eity 01,U.~.. J Lord two.tha ."j; .~A'~.'~ I ,. .. II !Ill iI:l .. I I I . I ~ 'i> r.< n ~ ~ L'!it' III L." ~ ~ ~ I" t ~ .. ... I . .:; ~ ~ . II I I ':i ( ~ JI r ~ J I :J . II ::.I ~ ;i" I .. I iI I . i l !:l l ?: ~ -.-......- ~ ~ a r. II' ~ ., r~ " ~ I!;o .') ~ ~ ;:~ " l' :CITY OF UNIVERSITY,PARK ~ II III u omc~ OF,THE ~YpR ... 1:- a " [ 111 .1 WHEREAS, Sqtelftbn,17, 2fJ06.1fUIi'1U tlrt'~,..",,~.. , ,rri",nfq'Of the drtiftbtI of the eo~oj i/lc.u"iteft,i,,1np ,;f.A1iWie~ l:d~;'J Co"velltion' tlnd .' :.1' ,'I;'" ,,'J,,;'~~ .:/' ~j~. ,. . .."'~"if ' ~ _ or i~'i iJ;.,....~f,-{.. '" WHEREAS, It is _. >''lbld / pttw~ ,t9."'iicCIJrlL...~~ >,.. .,.. .... . ~gnifu:ent docllinent ~4 ,,*;..m.oI'tl--J~~I!!7,'; .:{ ttJ~f.j"" ,Lie'" ,:ll ' ' ',~....L' ., ',~~- .' '}Ji('Ji.- ,. .Jt<~. N't.:;t " /.. W.. .. w... COmllN'""I.r_ .,.-..,OCCIIS_", '4"" ",;"1",," ,;' '.,'t. , ~ .;4 _ " . ~ ~ :~~ .;; I WHE_AS, p~' 1 by tlu p,.Q~1It ofthi lJj lIS ConstltlPio"Wl'fk, ',,' NOW, THE~F/ "'0' i" 1M lIS MfIY{1i tif. t!tf )'~~ I'rocllll1n, t1N"weeK.."X' > ~ 'C< ~..' .j. J<.{. .or ~ . ,< " ~~~:\i~f:~ , 'd'l#J'r ~".' ",1', ,;t; '~/tj';','~::: ;<~:~'~:i:~:~~: '" "':'4 "JC 4.. ~-'~ t> . ..+ ," ....... ~ }~. ,..... 11II " ~/ ~.< ~-~:. '::- l.,_ AGENDA MEMO (08/01/06 AGENDA) DATE: July 27, 2006 TO: Honorable Mayor and Members of the City Council FROM: Jennifer Shell, P.E. Civil Engineer SUBJECT:Approval of SharpeSoft Integrated Project Management Software for the Engineering Department BACKGROUND : The Engineering Department has historically used Microsoft Excel to prepare bid items, bid tabs, payments, etc. for each Capital Improvement Project. Each project requires a setup of Excel worksheets using a combination of prior worksheets and a thorough examination of bid items to insure an item is not overlooked. The SharpeSoft Integrated Project Management Software manages all of these details. The Project Management Software stores all project information in one location including: bid items, bid advertisements, bid opening information, monthly progress payments, and project change orders. Forms are available within the software to conduct all of the Engineering Department’s bid advertisements, bid tabulations, and monthly pay estimates. The purchase of the software will include compilation of all previous Capital Improvement Project bid tabulations which can then be available for historical reference. The software can also be used to track daily activities for each City’s Inspector including work completed each day, test results, etc.; although, this potion will not be used immediately. SharpeSoft has marketed the Integrated Project Management Software for almost 5 years, with development lasting over the past 10 years. SharpeSoft is also continually improving the software based on client requests and recommendations. The software would be a significant asset to the Engineering Department. Recommendation: Staff recommends City Council approval of the SharpeSoft Integrated Project Management Software in the amount of $20,440 .00. Attachment: SharpeSoft Proposal. PDF AGENDA MEMO (08-01-06 AGENDA) DATE: July 27, 2006 TO: Bob Livingston City Manager FROM: Jennifer Shell, P.E. Civil Engineer SUBJECT : Consider Change Order No. 5 for the Turtle Creek Box Culvert for City Hall Expansion, Project 43710 Consent Agenda The City Council approved a contract in the amount of Background. $3,242,610.90 on June 7, 2005, to Jeske Construction to construct the Turtle Creek Box Culvert for City Hall Expansion. The plans designated for the area above the box culvert to be left open with rebar extending through the box for future load transfer beams. These beams were included with the City Hall Expansion construction. In an effort to complete the below ground construction for the City Hall Expansion with the box culvert project, the load transfer beams are included in this change order. Change Order No. 5 includes construction of load transfer beams, excavation of the remaining soil to rock elevation within the limits of the proposed city hall expansion, provide recycled concrete mix for fill material to the finished subgrade, and prepare the pad site for the construction of the building. The original contract sum $ 3,242,610.90 The amount of previously authorized change orders $ 214,458.40 The amount requested for this change order $220,969.00 The net contract sum including this change order $ 3,678,038.30 The contract time will not be increased. Revised contract amount in percent of original contract 113.43% Staff recommends City Council approval of Change Order Recommendation. #5 to the contract with Jeske Construction in the amount of $220,969.00 . Attachment: Jeske CO5.pdf 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM 43710_CO5 07 27 06 (2).doc 9:16 AM 07/27/06 MINUTES #2615 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, JULY 18, 2006, 5:00 P.M. Mayor Pro Tempore Harry Shawver opened the meeting. Present were Councilmembers Kelly Walker and Jerry Grable. Mayor Blackie Holmes and Councilmember Syd Carter were absent and excused. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. AWARDS AND RECOGNITION DEPARTMENT PIN: City Manager Bob Livingston presented Maintenance Technician II Ricky May, Utilities Department, a pin for 15 years of service to the City of University Park. Councilmember Walker moved approval of the Consent Agenda. Councilmember Grable seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER LEADERSHIP UNIVERSITY PARK APPLICATION IN THE AUGUST EDITION OF THE ARBOR: Leadership University Park is a collaborative effort between the University Park Community League and the city. Because of this, the city includes Leadership University Park application forms in the four-page Arbor, which is mailed out along with one of the monthly utility bills. The fifth Leadership University Park Class is set to begin in September; therefore, the Community League would like to utilize this tool in August to extend applications to residents. In order to avoid additional postage costs, the city will need to reduce its content that month; therefore, staff proposed that city content be shortened to three pages, allowing one page for the Leadership University Park Application. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For July 6, 2006. MAIN AGENDA PUBLIC HEARING FOR PUBLIC COMMENTS ON WATER QUALITY CONSUMER CONFIDENCE: Each year, municipal water providers are required to mail Consumer Confidence Reports 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 offer residents an opportunity to ask questions in open forum. Mayor Pro Tempore Shawver opened the public hearing. Norman Radford, 4108 Purdue, asked about the city’s drought plan for the rest of the summer. City Manager Bob Livingston explained the water conservation plans that the city will put in place if and when the need arises. Since there were no other comments, Mayor Pro Tempore Shawver closed the public hearing. CONSIDER ORDINANCE FOR NO PARKING ALONG LOVERS LANE, 250’ WEST OF BOEDEKER: The ordinance establishes a No Parking Anytime zone along the north and south sides of Lovers Lane. Pursuant to the recommendation of traffic engineering consultant, Dannie Cummings, P.E., the above-referenced section of Lovers Lane needs to be designated as No Parking Anytime to accommodate the proposed installation of a permanent left-turn lane for east/west traffic at the subject intersection. Councilmember Grable moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to approve a No Parking Anytime zone at the proposed location. ORDINANCE NO. 06/18 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING AT ANY TIME ON LOVERS LANE FROM THE POINT OF ITS INTERSECTION WITH BOEDEKER WEST APPROXIMATELY 250 FEET; PROVIDING FOR THE ERECTION OF SIGNS; 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 HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PROPOSAL FROM R.L. GOODSON FOR ADDITIONAL ENGINEERING AND SURVEYING SERVICES FOR DESIGN OF HILLCREST, VILLANOVA NORTH TO NORTHWEST HIGHWAY: Staff proposed an addendum to the contract with R. L. Goodson, Jr. for $34,000 to provide additional engineering and surveying services associated with the design of Hillcrest, from Villanova north to Northwest Highway. The additional services for proposed construction would enhance traffic safety and increase mobility through the intersection by realigning north/south travel lanes. Additionally, as a result of recent requests from the City of Dallas and TxDOT, an eastbound, right-turn lane for Northwest Highway will be designed. The design of the intersection will be coordinated with Traffic Consultant Dannie Cummings and the City of Dallas. Councilmember Walker moved approval of the proposal subject to deleting the "limit of liability" clause. Councilmember Grable seconded, and the vote unanimous to approve the proposal of additional engineering and surveying services. CONSIDER CONTRACT WITH SYB CONSTRUCTION COMPANY FOR EXTENSION OF PAVEMENT FOR UTILITY IMPROVEMENTS FOR TURTLE CREEK BOULEVARD AND BALTIMORE DRIVE, FROM BALTIMORE TO VASSAR, PROJECT NO. 48500: The contract will be for the labor and materials furnished for the project in the amount of $343,533.50. Councilmember Grable moved approval of the contract with SYB Construction Company. Councilmember Walker seconded, and the vote was unanimous to approve the bid and award of contract. CONSIDER PROPOSAL FROM CHIANG, PATEL & YERBY, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH A NEW SITE OPERATING PLAN FOR SANITATION TRANSFER STATION: The Texas Commission on Environmental Quality recently adopted new rules requiring owners/operators of municipal, solid waste processing units to revise their Site Operating Plans. The revisions will require notice to surrounding property owners, and the revision must be submitted to the commission by September 27, 2006. Given the specific and technical nature of this submittal, staff requested the services of a professional firm. Chiang, Patel & Yerby, Inc. has a great deal of experience in working with the commission and is currently providing this service for several municipalities in the state. By paying by the hour, rather than a flat rate, the city could save considerable money because the firm will be working on similar projects for several clients simultaneously. Councilmember Walker moved approval of the proposal for professional services associated with preparation and submittal of a new Site Operating Plan for the sanitation transfer station to be charged on an hourly basis with the total amount not to exceed $20,000. Councilmember Grable seconded, and the vote was unanimous to approve the proposal from Chiang, Patel & Yerby, Inc. ITEMS FROM THE FLOOR Norman Radford, 4108 Purdue, appeared before the council to discuss parking the wrong way on city streets. He requested more enforcement. City Manager Bob Livingston will pass his request to Police Chief Gary Adams. Ms. Carolyn Loy also addressed the council, agreeing with Mr. Radford. There being no further business, Mayor Pro Tempore Shawver adjourned the meeting. st PASSED AND APPROVED this 1 day of August 2006. Harry R. Shawver, Jr., Mayor Pro Tempore ATTEST: ____ Nina Wilson, City Secretary AGENDA MEMO (08/01/06 AGENDA) DATE: July 24, 2006 TO: Honorable Mayor and City Council FROM: David Ledbetter, Fire Chief SUBJECT: Appointment of City Health Officer It is my privilege to inform you that Kenneth C. Killen, M.D., F.A.C.P. has accepted the position for the City of University Park Health Officer, subject to the approval of the City Council. For the past two years Dr. Killen has practiced Internal Medicine at 8411 Preston Road with Yili Wang, M.D., Health Officer for the Highland Park Independent School District and Mike McCollough, M.D., the City Health Officer for the Town of Highland Park. He has practiced medicine for the past 32 years, serving as the president of Internal Medicine Associates of Dallas for 30 years at the Baylor University Medical Center. He also served on the Quality Assurance Committee and headed the credentials division for 30 years, is a member of the teaching staff and currently maintains staff privileges at Baylor. At Baylor University Medical Center, Dr. Killen worked for 10 years on the Disaster Committee in charge of the physician’s pool. There he conducted planning meetings and disaster drills pertaining to situations involving emergency care to large numbers of people in mass casualty incidents. Dr. Killen attended the University of Texas at Arlington, the University of North Texas, the University of Texas Southwestern Medical School and the Baylor University Medical Center. Dr. Killen is Board Certified in Internal Medicine and was elected to the position of Fellow in the American College of Physicians. He has worked extensively with international patients from the Middle East, especially Saudi Arabia, and has been consultant to the Saudi Minister of Health and Saudi hospitals. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO Appointment of City Health Officer.doc 3:13 PM 07/26/06 Dr. Killen has been a resident of University Park for the past fourteen years. His wife Ann is a registered nurse and has been a substitute nurse for the Highland Park School District. Dr. Killen has three sons, with the oldest graduating from HPISD last year and now attending college in Austin, Texas. His two other sons attend Highland Park High School and McCollough Middle School. As City Health Officer, Dr. Killen will serve as an advisor to the City Council on such matters that may affect the health of the citizens of University Park. He shall also assist Council and staff as liaison with the Dallas County Health Authority, Dr. John Carlos, on such matters that may affect the health of our citizens from wide spread communicable diseases. RECOMMENDATION: After meeting and talking with Dr. Killen staff recommends that he be appointed to the position of City Health Officer. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO Appointment of City Health Officer.doc 3:13 PM 07/26/06 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPOINTING KENNETH C. KILLEN, M.D., AS CITY HEALTH AUTHORITY FOR THE 2006-2008 TERM. WHEREAS, Article 6.100 of the Code of Ordinances, City of University Park, and Chapter 121, subchapter C, of the Health & Safety Code, provide for the appointment of a physician as health authority; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of University Park, Texas: THAT, Dr. Kenneth C. Killen is appointed by the Mayor to the position of City Health Authority and is confirmed by the City Council; and THAT, after the City Health Authority has taken office, a certified copy of the Resolution is filed with the Texas Board of Health; and THAT, the appointment is for a term beginning August 1, 2006 and ending July 31, 2008, or as soon thereafter as a successor has been appointed. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF st UNIVERSITY PARK on the 1 day of August 2006. APPROVED: James H. Holmes, III, Mayor APPROVED AS TO FORM: ATTEST: Robert L. Dillard, III, City Attorney Nina Wilson, City Secretary AGENDA MEMO (08/01/2006 AGENDA) DATE: August 1, 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Consideration of a detailed site plan for Christ Lutheran Church situated at 3001 Lovers Lane Background/Analysis: Christ Lutheran Church is situated on a 1.7323 acre tract situated at 3001 Lovers Lane. The subject site is zoned Planned Development District PD-30 for which a concept plan was approved on April 6, 2006. The Church is now requesting approval of a detailed site plan. City Council in approving the concept plan has waived the review of the detailed site plan by the Planning and Zoning Commission and also agreed to make an additional public hearing optional. Recommendation Staff recommends approval of the detailed site plan for Christ Lutheran Church. Attachments: (1) Application and land use statement (2) Detailed site plan including landscape plan City Council Report DATE: August 1, 2006 TO: Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager RE: PD Detailed Site Plan for Christ Lutheran Church GENERAL INFORMATION APPLICANT: ARCHITEXAS representing the Christ Lutheran Church LOCATION: 3001 Lovers Lane REQUEST: Requesting approval of a detailed site plan for Christ Lutheran Church situated at 3001 Lovers Lane. The subject tract is zoned Planned Development District “PD-30” zoning district classification in accordance with the Comprehensive Zoning Ordinance of the City of University Park. EXISTING ZONING: PD-30 SURROUNDING LAND USE: Residential single family STAFF COMMENTS: The applicant is requesting approval of a detailed site plan for redevelopment of the Christ Lutheran Church situated at 3001 Lovers Lane. The subject tract comprises 1.7323 acres currently zoned Planned Development District “PD-30”. City Council approved of the PD concept plan for the proposed development on April 6, 2004 with special conditions as follows: (1) That a fire lane be furnished on the property on the west side of the building in the location shown on the detailed site plan and of a construction approved by the Director of Public Works. (2) That additional landscaping be furnished on the Lovers Lane and Dublin sides in accordance with a landscape plan to be submitted and approved by the City council with the detailed site plan; and (3) That the use of the property shall be in accordance with the Comprehensive Zoning Ordinance as amended hereby and the detailed site plan to be approved by City council, prior to the issuance of any building or other permit for the project. The proposed site plan for Phase I show the renovation and additions to the existing fellowship hall. The future Sanctuary will accommodate 255 seats generating a parking requirement of 85 spaces. The detailed site plan shows a total of 85 spaces meeting the parking requirements. However, it should be noted that 17 of those spaces straddle the street Right-of- way on Dublin. The parking spaces on Dublin will be considered as a “public parking lot” and will need to be constructed with a valley gutter. The Landscape plan submitted with the detailed site plan shows additional landscaping on the site fronting Lovers Lane and Dublin Street as required by the PD Ordinance. ATTACHMENTS : 1. Application and project proposal 2. Detailed site plan. 3. Landscape plan 4. Building Elevations 5. PD Ordinance AGENDA MEMO (08/01/2006 AGENDA) DATE: August 1, 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Receive a report and consider approval of a request from Reynolds Outdoor to locate Information Kiosks in Snider Plaza. Background/Analysis: Reynolds Outdoor is in the business of providing tailor made information kiosks. They have done kiosks for Downtown Dallas, West Village and Mockingbird station. Reynolds Outdoor is requesting consideration to extend their program to Snider Plaza. The kiosks are to be located in the City’s Right of Ways. The Company estimates that 14 to 15 information kiosks will provide annual revenues of about $30,000. At the option of the City, Reynolds Outdoor may prepay a 20 year license agreement at a discounted rate of $500,000. Recommendation: On June 20, 2006 Council referred this item for the review and recommendation of th UDADAC. UDADAC considered the request at its July 11 meeting and voted unanimously to recommend approval subject to detail review of the size, location and design of the Kiosks at a future date. Staff recommends approval of the request subject to the following stipulations: (1) Reynolds Outdoor will prepare a detailed site plan showing the design and specific locations of each kiosk for further review and approval by UDADAC and Council. (2) Reynolds Outdoor will work with City staff to develop a license agreement between the City and Reynolds which will provide for, but not limited to the use of public Right of ways and certain specific responsibilities including payments to the City etc. Attachments: Reynolds Outdoor letter of request Reynolds Outdoor Information Kiosk Proposal 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Harry\CITY COUNCIL AUG.1, 2006\Kiosk Signs.doc 9:47 AM 07/26/06 PROPOSAL PREPARED FOR THE CITY OF UNIVERSITY PARK S N IDE R P L A Z A / H ILL eRE ST S T R E E T seA PE . Presented by Scott Reynolds REYNOLDS OUTDOOR MEDIA May 5, 2006 This proposal and the data herein is priv~eged and confidential and is supplied for the purpose of assessing the merits of a relationship with the understanding lhat it w~1 be held confidential and not disclosed to third parties. Weare pleased to introduce our streetscape amenities to the City of University Park w~hout co~sideration of any cost to the city, the taxpayers or the property owners. It is by no means new, as this has been established in Europe in cities and town squares for over 40 years The orcrr"oe I~ simple. we irwigcrote o.,d ot.rTlulok the ~'rectocape tl")l'Jugh ..ignifico~t ()CO"lO'TlIC i~ve:,tl'lcn' and oe:,thcticoPy p1eCl,Ir:g dc'Ql tnot b!cndj .n and occ()ntuate, tnc character of the area With The ultlfnote goal to :,el Je the pedestrian experience while qeneratl:lg 0 new source of !nCOlne to the City Our program offers tailor-made, functional information kiosks and tenant directories that actually create a new revenue stream for the city with the design, implementation and maintenance from a nationally respected, private Dallas company. The HOK Planning Group calls our work "an important step in public/private interaction and serves as a good example of how the city and the landlord interests can work to create a balanced look and function to an area: I . ! <tl ~.i III ~ _~ !,l ,'IIj, ,_ '-" .._~ ~--- "'-., ~....... ......;."'".,..-.. ..;:;--. -"' ----- ~ - "'" ..... /'''' .,-;,.,.....-: ---- ,~ ;.;;t 'l.t ~ // . 7"'-"~ ~'... ~-,~ , - /'" / - " We are pleased to introduce our streetscape amenities to the City of University Park without cOr,lSideration of any cost to the city, the taxpayers or the property owners. It is by no means new, as this has been established in Europe in cities and town squares for over 40 years The prCI'IISe i:, S:I1:pIC: we in';igcratc and stllnulate the :,'rcetscape thr:>L;gh ,>ig'llfican! CCO'lOfl1IC in"CotITlcn: o..,d ae:,lhcllcal!y p1ca:x:g dcsign rhot b!c'ldJ ''1 ond accentuato;, :he character of thc orca with the ulhnate gaol to Jcr ';e the pedestrian cxperience while generating a ncw ~ource of InCOIT'C to the city Our program offers tailor-made, functional information kiosks and tenant directories that actually create a new revenue stream for the city with the design, implementation and maintenance from a nationally respected, private Dallas company. The HOK Planning Group calls our work "an important step in publici private interaction and serves as a good example of how the city and the landlord interests can work to create a balanced look and function to an area: ~ iiJ?~ '!<i I ill + Is; - :;,...l1;- , ..-----:' ~.~-. ""<;40 . ,"~~' "",..- -,...;:::--' ~ ~., .,.- ....... ~ r.o::.;. ~~,~ ~' .. ~, it- or-;; ." --;..-- ..',.' ---..~ ~,... '. ~ ~t ----...----- _+'i :tliiI j., 'l.~ ~/" ./' ~~,7~. 't,a-'" ,..-'- -- . --- /"'- ..../ ':---~: Our information k imb of~d director V Jclut,on', :JIO dccigncd to blond :n with /cnuCJ and Clceornlflodotc the Inciividuol nC'cd~ of the orca Bv rcc:oqnlLIIlC) the crvironrY1ontol, rctoj, and bU~lno'o_. condition:.., './\'c cHc:r tGl!or inc1dc crcotlor~:.. thoT \'...ili cr':~lor:(.::: the. rc'..pcctl'.JC i!T~OqC of t~10 C:~'l and VCill,C iil./oI',cd With state-of-the art technology and fabrication, we develop and provide the entire scope of the plan locally: Engineering, Manufacturing, Installation, Maintenance, Media Sales and Service - all in-hause with local employees. Weare able to offer this free of charge by compensating for the investment with the marketing of the advertising displays. This marketing is an integrity- based effort that begins with protecting the immediate tenant core. By controlling content we are able to bring a new vitality to the area with upscale advertisers that do not compete with property tenants - all with appropriate placement that adds to the area Instead of detracts from it. -, \, , , . ~~~ ! / ~t I - " f I ~ ~~ f t j t I I \ ,~ ) 1 I I I \ I I I I I I With innovative construction, each directory is custom fabricated with state-of-the-art materials to display two to three images. With internal illumination, the directories provide more light to pedestrians, property and sidewalks creating more security that will add to the nighttime vibrancy, shopping, dining and living experience. Content control is crucial to our program as we prohibit any advertisers that compete with local tenants. Offensive and distasteful creative is also excluded without exception: we do not accept alcohol, tobacco or sexually oriented business. Reynolds Outdoor is a local family business providing daily inspection of the directories to ensure a pristine presentation. .. @ 2006 Reynolds Outdoor Media kiosk and directory designs are exclusive to Reynolds clients with proprietary design, engineering and custom fabrication. .. We have identified the following areas for potential information kiosk installation with the following criteria: . APPROPRIATENESS: Kiosks are designed to blend in with the surrounding area, not detract from it. . ADA ACCOMMODA TtoN: Kiosk directories will adhere to ADA restriction and will not interfere with foot traffic. . VISIBIUTY TRIANGLES: Kiosks will be positioned outside the visibility triangles}o not interfere with vehicle site lines. . FUNCTION: Will the kiosk provide a functional map or tenant directory while allowing adequate visibility for the advertising. I. I t 1 SNIDER PLAZA We can appropriately install approximately 14 -15 information kiosks in the Snider Plaza/Hillcrest area as follows: INITIAL SURVEY: Snider Plaza: 8 kiosks Hillcrest - South of Daniel: 6 kiosks .. HILLCREST SOUTH OF DANIEL .... ,-- . - HI<S As part of the team responsible for the authoring of the revised Downtown Special Provision Sign District Ordinance Scction 51A-7.90I, 1 was in favor of the addition of intormation kiosks to be placed in public areas. Our vision was to have clements similar to those seen in Paris, France and in London, England. However, the sidewalk clearanccs, sc;tbacks, and sight triangles limited the number greatly, and funding was not available to build tliem. Mr. Scott Reynolds, however, accepted this challenge and has devised a kiosk to De placed on private land in such a way as to enhance corners. He initiated this design and has worked diligently to put hig plan into place with owncrs and operators. He has thought of every detail, including mcssage message content issues. '. I applaud Mr. Reynolds' creativity, innovative thinking, sen^sitivity to the aesthetics and content. Rarely do we see this l}l'e of passion and diligence set to task. He is an asset to our City. As the Chairperson for the Special Sign District Advisory Committee, I whole-heartedl)' endorse his proposal . Planning Group ~ This is an important step in public/private interaction and serves as a good example of how the city and the downtown interests can work to create a balanced look and fundion to an area. [ I ~.P i I 't I On behalf of the board of the Downtown Partnership, please accept this letter with our full support of your kiosks and their positioning in the Central Business District We look forward to the beautification and improvement of the properties accompanying the vibrancy and additional lighting created from the kiosk displays. It is our intention to cooperate with you to utilize the kiosks to promote Downtown Dallas activities, events, arts and retail development to cultivate more of a street-level pedestrian culture to enhance our efforts in the CBD. This positive function of the kiosks will help in the revitalization of Downtown Dallas aesthetically as well as economically. -/2 r'1\1 '- ; I'M~ r;z t~1'J " f'/~ r ~ta7----~' j~ " # ilJ I t I I '<ii/!i I. I 'Ifi' t, I ~' .... I,,~i/., I' ..-. i(.~ } :,,"t.. I ~. 1 .' f ( iF ., v 0;;-' .a ~ f--]l' J ~~j ..... p. '.. .I ~ ,J ",l1'- i ~ j t: - .:! W f! . -1lj~. OUR CLIENTS INCLUDE: . Apple - Bank of America - The Dallas Morning News - ABC - New Line Cinema - Pepsi - Energizer - Nokia - Tag Heuer - Honda . Disney - GM/Chevrolet - Sewell Cadillac - Pfizer - Paramount - Allstate - WBTV - DART - Citibank - Washington Mutual , 1 i I , 1 I 1 I INFORMATION KIOSK PROGRAM Reynolds Outdoor Media will develop custom made proprietary Information Kiosks to integrate into the Snider Plaza and Hillcrest streetscape to compliment the character of the area at no cost to the City of University Park. Our program will provide a functional pedestrian improvement and a significant new income stream to the City without time, effort or money with the following benefits: - Way-finding, Tenant and Parking Area Directories - Enhancement/street-level beautification of the eclectic village character of Snider Plaza. " - Funding mechanism for the T ownscape, Inc, Snider Plaza/Hillcrest Master Plan - For a minimum of 14 three-sided kiosks as proposed, Reynolds will provide $30,000 per year in exchange for a 20 year license agreement. [OPTION: We can pre-pay the 20 year license agreement at a discounted rate of $500,000 upon execution) E X E CUT ION: To deploy our program efficiently, we propose entering a sole source contract agreement as Reynolds Outdoor Media is the pioneer and sole provider of our program in the Southwest. Our experience as the market leader in this endeavor is unparalleled. Our staff is prepared to facilitate a tailor-made program with an understanding that comes from the only company providing this service on a local level. We have uncommon national advertising relationships and a personal connection with our cities and landlords with the best interests of the community in mind. Please accept this proposal and the inf;ormation presented herein as privileged and confidential. It is supplied for the purpose of assessing the merits of a relationship with the understanding that it will be held confidential and not disclosed to third parties. REYNOLDS. OUTDOOR 3838 Oak Lawn Avenue, Suite 606 Dallas, Texas 75219 (2141219-7400 ~o = -+-.... <J) o <J) 0- OJ u Euoc- -C 0....-::: C .- -0 c l? '1 ~ ~ 2 8= CD ,~ o VJ .- -+- u 0 > <J) OJ <J) V) c-c 0 Q. c-...-:::$<J)::>VJ x -...-::: 'u <J) 0 ~ <J) U <J) o c ,~ U -C C ~ ~ CJ) -+- -+- c-+-o -<- O.S Co 0 0 <J) CJ)'c CJ) -+- -C 01 u c ::> 'S; -9 ~ -+- C Co 'c E c E 'c ~ 'V10 -C -=-0 E 01 ~ c 0 -+- .- ::> <J) <J) U VJ VJ 0- V) Q. AGENDA MEMO (08/01/2006 AGENDA) DATE: August 1, 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: 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 (1)(d) to provide fence requirements in residential districts; amending Code of Ordinances 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. Background/Analysis: (1) Section 13-100 of the comprehensive zoning ordinance provides that “it shall be unlawful and an offense for any person, firm or corporation to construct a fence, wall, screen, or retaining wall on any lot in the City of University Park without having first obtained a fence permit therefor from the Building Inspection Department”. The proposed ordinance amendment will require a permit for any portion of a fence in excess of 25% of the length on any one side. (2) Section 28-105 (1) (d) of the comprehensive zoning ordinance provides that “a minimum six feet (6’) wide by three feet (3’) deep "inset" for trash receptacles must be provided on all new fences abutting an alley”. The proposed amendment will require a minimum eight feet (8’) wide by three feet (3’) deep inset for the storage and placement of approved trash receptacles on private property must be provided parallel to and abutting an alley. (3) Section 11.106 of the code of ordinances provides that “applications for building permits for the repair, reconstruction, and erection of a new or existing fence shall contain provisions for the storage and containment of approved containers on private property and shall be approved by the director prior to issuance of a permit”. The proposed amendment will delete this provision as it is redundant. Recommendation: Planning and Zoning Commission recommends approval. Attachments: Ordinance ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 13-100 (1) TO REQUIRE A PERMIT FOR A FENCE; AMENDING SECTION 28-105 (1)(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. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and have forwarded a full and fair hearing to all property owners generally, and City Council of the City of University Park is of the opinion and finds that said zoning changes should be granted and that the Comprehensive Zoning Ordinance should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended by amending Section 13-100 (1), in part, as follows: “(1) It shall be unlawful and an offense for any person, firm, or corporation to repair, replace, or construct any fence, wall, screen, or retaining wall or portion thereof in excess of twenty-five percent (25%) of the total fence length on any one side on any lot in the City of University Park without having first obtained a fence permit therefor from the Building Inspection Department…….” SECTION 2. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended by amending Section 28-105 (1) (d) to read as follows: “(d) Placement of Trash Receptacles on Private Property (1)A minimum eight feet (8’) wide by three feet (3’) deep inset for the storage and placement of approved trash receptacles on private property must be provided parallel to and abutting an alley. The inset is required to be provided when a new permit is issued for the installation of a new fence, or for the repair of an existing fence under Section 13.100 (1) of the Code of Ordinances. (2)Insets or other areas provided on private property for trash receptacles must be completely unobstructed and easily accessible for collection from an alley right-of-way. (3) Trash receptacles shall be placed on a level surface, which shall not be more than one foot (1’) above the grade of the alley pavement, and which shall be completely on private property.” SECTION 3. That Section 11.106 (a) of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: “(a) If the house, building, or premises from which the waste is to be collected and removed is adjacent to an alley, the waste receptacles shall be placed for collection on the abutting private property by the owner, occupant, tenant, or lessee of the premises.” SECTION 4. All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, the Code of Ordinances, or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances or Comprehensive Zoning Ordinance as a whole. SECTION 6. That any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine to exceed the sum of two thousand dollars ($2,000.00) for each zoning offense, or five hundred dollars ($500.00) for any other offense hereunder, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. st DULY PASSED by the City Council of the City of University Park, Texas, on the 1 day of August 2006. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _________________________________ CITY ATTORNEY (RLD/07/05/06) ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 13-100 (1) TO REQUIRE A PERMIT FOR A FENCE; AMENDING SECTION 28-105 (1)(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. st DULY PASSED by the City Council of the City of University Park, Texas, on the 1 day of August 2006. APPROVED: ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY AGENDA MEMO (08/01/2006 AGENDA) DATE: August 1, 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: 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 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. Background/Analysis: The current zoning ordinance provides for a list of items which are allowed in the required front yards of single family districts. In the past additional items have been installed by property owners in violation of the zoning codes. The proposed amendment will expand the list of items and features to be allowed and provide specific standards. UDADAC reviewed and discussed this item at threes separate meetings held in October, 2005 through January, 2006 and forwarded its recommendations to P&Z. Sports and recreational equipment, whether temporary UDADAC recommended that or permanent in nature, including but not limited to basket ball goals, swing sets and tree swings be prohibitedallow . However, P&Z changed that recommendation to sports and recreational equipment in the required front yard on a temporary basis not to exceed 30 days in any one calendar year. Since this is an amendment to the Comprehensive Zoning Ordinance, the Planning and Zoning Commission held a public hearing and considered this item at its regular meeting th on May 15, 2006. P&Z continued the discussions on June 19 and voted unanimously to recommend approval. Recommendation: UDADAC recommends approval. Planning and Zoning Commission recommends approval with specific amendment. Attachment: Ordinance ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 21-100(4)(b) TO REGULATE FEATURES ALLOWED IN THE REQUIRED FRONT YARD; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and have forwarded a full and fair hearing to all property owners generally, and City Council of the City of University Park is of the opinion and finds that said zoning changes should be granted and that the Comprehensive Zoning Ordinance should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended by amending Section 21-100 (4)(b), in part, as follows: (b) Features in the Required Front Yard “ Except as provided in the following subparagraphs, no accessory structure, portable storage container, object, or appurtenance shall be permitted to be placed or maintained in a required front yard in a residential district in the City. i. .…. ii. Freestanding columns, statuaries, bird baths, pedestals, and other art objects, constructed of permanent materials, provided that not more than four freestanding columns shall be located within the required front yard of each platted lot and that the height of such columns, including any light, lamp fixture or ornamentation mounted on top of a column, shall not exceed five feet (5’) as measured from the natural grade, provided that residential lots larger than one acre and located in an SF-1 zoning district may have freestanding columns, including any light, lamp fixture, or other ornamentation mounted on top of the column, not exceeding eight feet (8’) in height measured from natural grade. iii. …. iv. …. v. …. vi. …. vii. …. viii. One flag pole for each platted lot, provided that the height of the flag pole shall not exceed twenty-five feet (25’) measured from the natural grade, set back a minimum distance equal to the height of the flag pole, measured at natural grade, from all adjoining property lines. The size of the flag shall be appropriate for the height of the flag pole, but shall in no event exceed twenty four (24) square feet in area. ix. Not more than four items of yard art for each platted lot, not to exceed five feet (5’) in height or twenty (20) cubic feet in volume for each item, and placed so as to be set back from all adjacent property lines a minimum distance equal to the height of the item of yard art. x. Sports and recreational equipment, including but not limited to, basketball goals and swing sets, shall not be install permanently in a required front yard in a single-family dwelling district. However, such equipment may be kept in the required front yard on a temporary basis not to exceed 30 days in any one calendar year. xi. A lamp post that is not a freestanding column, which is less than six inches (6”) in diameter, and less than eight feet (8’) in height. xii . All items listed in this subsection as being allowed in a required front yard must be constructed of permanent materials approved by the community development manager.” SECTION 2. All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on st the 1 day of August 2006. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _________________________________ CITY ATTORNEY (RLD/02/16/06)(63904) ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 21-100(4)(b) TO REGULATE FEATURES ALLOWED IN THE REQUIRED FRONT YARD; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on st the 1 day of August 2006. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY AGENDA MEMO (8/1/06 AGENDA) DATE: July 27, 2006 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: ROW License Agreement: 5801 Hillcrest ITEM: The developer of a multi-family property at 5801 Hillcrest (corner lot at Hillcrest & Potomac) 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 extending from the property towards the storm water inlet at the intersection of Hillcrest & Potomac. The storm inlet is in the Hillcrest ROW, and 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 5801 Hillcrest.doc 9:19 AM 07/27/06 RESIDENTIAL LICENSE AGREEMENT CITY OF UNIVERSITY PARK ****************************************************************************** This License Agreement (the "Agreement") effective as provided herein (the "Effective Daten), is between the Ci~y of University Park, a municipal corporation (the "City"), and I - N f '~:l ~ -'I- r> (th ''Ii It) - ,. (" (~i i '--" f 1"'-'-' , e censee. RECITALS WJIEREAS, ~he Licensee desires to place, install, and maintain _ 5~J:Jf1k'e.st. <1l,)mp ~~ "~he Improvements") in, under, or upon Cityright-of- way, /ease)T1ent or property \.lh", "Property"), to benefit the Licensee's premises at -.6ft>l1H \ k"'~t-, ' University Park, Dallas County, Texas (the "premises"); and WHEREAS, such Improvements are more specifically shown on Exhibit "A" attached hereto, for the-purpose of S\l"'S~(f^((. ~r^i.'\JA. a e. (.5.J"'f r.Jllltl \ 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 "AIf 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 shaH 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 Effective 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. INDEMNIFICATION AND INSURANCE 3.1 Liabilities. Losses. or Damages. licensee agrees to indemnify and ~ave 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 5~Dl H-~ \x,ftsr (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 of the 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 Entiretv 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, sball 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 bas 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 gN f ('Uf~~t~ es ,rf\e. . --O.~ ~Jff.1k~~ r ' Ui\', 'fee ~".+~t.t~? TX 4 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 L TN PROPERTIES INC DBA SEE NAMED INSURED ENDORSEMENT 3618 GILLlON DALLAS TX 75205 Agent Name and Mailing Address HOTCHKISS INSURANCE AGENCY INC -CARROLL TON - 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 AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. r THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. I 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) I L0021 (05/04) CG2426(07/04) CG0103(03/02) CGOOOl (12/04) ML 1198(06/02) CG2135(1 0/01) 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. CARROLL TON TX 10/11/2005 !Jili~ / Countersigned at: Date: By Authorized Representative ML 14 87 (01 97) INSURED COpy 111111I11111111111111111I111111I111I11111I1111I1111I1111I1111I1111I1111I111111111111IIIIIIIIIIIIII1I111I111lIH 1!11Il 1111I IIJ1l 11111 1111I 1111111111 1111111111 111I111 11111 11111111111111111 1111I11 II COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATION Effective Date: 10/2612005 .... 12:01 A.M. Standard Time Policy No. 04-GL-000608995 LIMITS OF INSURANCE General Aggregate Limit (Other Than Products - Completed Operations) $ 2. . 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 $ FYCI Ilni=n Anv 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)Payroll U)per Unit S)Gross Sales l}See Desc. SEE ATTACHED SCHEDULE Minimum Premiums All Other $ 191 Prleo Policywriting $ 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 1507 (09 01) 5801 Hillcrest Suildin ~ U'1 : .. . SIDEWALK Potomac Ave. (Highland Park) Exhibit "A" Pump System Description . 2 x 2HP Effluent Pumps .2 x 3" Discharge into city stormwater system . Monitored control system . 2 x Backflow Prevention Device at 17' Depth . Service Contract for system maintainence ................ ..25.'......... SE Pump Well 20' Depth 2x 3" Discharge ;!] o m ~ r ;>; ..4'... . o ....3.8:. I ~n ;::" ~ ~(1) ;:CO" VI ;.-+ ~)> < ro . . . . :~ 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: Mayor Date: LTN PROPERTIES. INC. 5801 HILLCREST UNIVERSITY PARK. IX 75205 d~~-e-/~ J- (/..-- . J L. . I. N C::cL.5 DA.,../ fiL~ 5 tJ;. 7- 20--0h By: Printed Name: Title: Date: 5 ACKNOWLEDGMENTS STATE OF TEXAS ) ) CITY OF DALLAS, TEXAS COUNTY OF DALLAS ) This instrument was acknowledged before me on the ~'~day of ~ ' 2006, by "-, Z; /L..I.sD/:>.., on behalf of such property owner at ~&7/ /il/cre:ii;" University Park, Texas. "\""'111. _M". ~'~~~.'f~~~~ NINA UNDERWOOD WILSON 1& : : E Notary Public, State of Texas I; ~ ...~: My Commission Expires ' .,,':t,j,~1~t~" June 01, 2007 ~~' ~. L f.J tary Pub . , State of a 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 AGENDA MEMO (8/1/2006 AGENDA) DATE: July 25, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: City Hall Landscape - Contract Amendment BACKGROUND: During the initial design phase of the City Hall project, much of the eastern portion of the building’s hardscapes was excluded from the buildings redesign. Unfortunately, existing drainage issues, deteriorated walkways and potential ADA compliance issues have required staff to explore corrective measures. Staff has requested NJB (current Project Landscape Architect) to provide a proposal for additional design services to resolve the drainage, safety and ADA issues. RECOMMENDATION: Staff is recommending City Council consider amending the landscape design contract with NJB to provide design services to correct building drainage issues and access improvements at the main service entrance at City Hall. The proposal will include design and construction drawings and will be completed based on an hourly basis not to exceed $3,000.00. ATTACHMENTS: Architect’s Design Proposal – City Hall – East Entrance Improvements ? 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Coffee Park – GGOArchitects – Design Proposal 7-6-06 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Coffee Park – GGOArchitects – Design Proposal 7-6-06 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Coffee Park – GGOArchitects – Design Proposal 7-6-06 AGENDA MEMO (08-01-06 AGENDA) DATE: July 25, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider Ordinance No __ amending Article 11.300 of the Code of Ordinances of the City of University Park to prohibit irrigation of lawns and landscaping between the hours of 10:00 a.m. and 6:00 p.m. Background. Lawn and landscape irrigation during the summer months can be a waste of the City’s valuable water resources. The purpose of the attached ordinance is to mandate that water be used for lawn and landscape irrigation in a manner that prevents waste, conserves water resources for their most beneficial and vital uses, and protects public health. Pursuant to our recent discussions, it is staff opinion that the City should amend the Code of Ordinances to prohibit watering with automatic irrigation systems between the hours of 10:00 a.m. and 6:00 p.m. The attached ordinance allows for hand- watering with a hose during the subject period. The irrigation ban would be in effect stth annually from June 1 through September 30. Much of the water during the heat of the day is lost to evaporation. Landscape professionals recommend watering during the early morning hours, which coincides with this conservation measure. Recommendation. Staff recommends City Council adoption of the attached conservation ordinance. ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 11.312 TO ADD SUBSECTION (e) TO PROHIBIT THE IRRIGATION OF LAWNS AND LANDSCAPE MATERIALS FROM JUNE 1 THROUGH SEPTEMBER 30 OF EACH YEAR DURING CERTAIN HOURS; 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS it is contrary to the objective of water conservation to use water for the irrigation of lawns and landscape materials during the hotter months of the year; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Code of Ordinances, City of University Park, Texas, is hereby amended by amending Section 11.312 to add subsection (e) to read as follows: “(e) A person commits an offense if, during the period from June 1 through September 30 of any year and between the hours of 10:00 o’clock a.m. and 6:00 o’clock p.m. on any day, he irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape material located on premises owned, leased, or managed by him or under his control. Hand held watering with a hose, can, or soaker hoses is permitted between these hours.” SECTION 2. That all provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the 68460 validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of August 2006. APPROVED: ______________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: ______________________________ ______________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/072606) (68460) 68460 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 11.312 TO ADD SUBSECTION (e) TO PROHIBIT THE IRRIGATION OF LAWNS AND LANDSCAPE MATERIALS FROM JUNE 1 THROUGH SEPTEMBER 30 OF EACH YEAR DURING CERTAIN HOURS; 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; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the st 1 day of August 2006. APPROVED: ______________________________ JAMES H. HOLMES III, MAYOR ATTEST: _________________________________ NINA WILSON, CITY SECRETARY 68460 THE BUDGET WILL BE PRESENTED AT THE CITY COUNCIL MEETING AGENDA MEMO (08/01/06 AGENDA) DATE: July 26, 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. In 2004 the fee for the retreat was $5,000 plus reasonable expenses. The Nalbandians have proposed the same fee for this year. thth At the July 6 City Council Meeting, the dates of October 26 and 27 were proposed for the retreat. As there were conflicts with these dates, alternatives were requested. The Nalbandians have offered the following two alternative dates. thth Thursday, January 25 and Friday, January 26 Or Thursday, February 22nd and Friday, February 23rd RECOMMENDATION: Staff recommends approval of the contract with Drs. John and Carol Nalbandian to facilitate the City Council/Staff retreat. Either of the alternative dates would work from a Staff perspective. ATTACHMENTS: Retreat proposal 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 J 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 ManaQement: Contexts and StrateQies 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. BOARD OF ADJUSTMENT MINUTES June 12, 2006 The Board of Adjustment of the City of University Park met on Monday, June 12, 2006 at 5:00 P.M. in the Council Chambers of City Hall, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Staff Members Attending Lon Houseman, Chairman Steve Metzger Beth Dargene Bill Lang Jim Lake Mark Hardin - Plan Reviewer Rob Dillard - City Attorney Jennifer Deaver - Administrative Assistant Absent & Excused: William Hitzelberger, III Roy Kull Mr. Houseman opened the public hearing and introduced the board members and then read the charge of the Board of Adjustment. Mr. Houseman asked for a motion to approve the minutes from the April 17, 2006 Board of Adjustment meeting. Mr. Metzger made a motion to approve the minutes. With a second from Mr. Lake the motion was approved unanimously. Mr. Metzger then read the specifics of the first case. 1. B.O.A. 06-004 - Carmen Guido, representing the owners of the property situated at 6010 Connerly Drive, requesting the following variances (1) To Section 21-100(4)( c) City of University Park Zoning Ordinance, as amended, to allow for a total of 20 feet for both side yards where 24% of lot width or 23.15 feet is required and (2) To Section 21- 100(4)(a)(ii), to allow a minimum front yard setback of 30 feet where 47.4 feet is required. The subject tract is zoned SF-2 zoning district classification in accordance with the Comprehensive Zoning Ordinance. Mr. Ed Simons of Masterplan, representing Carmen Guido, and Mr. Joe Easton, property owner came forward. He stated that his request was due to the irregular shape of the lot, being very wide at the front. He stated that the most buildable area was at the front of the lot, the street curves around at the property on the Normandy side causing a pie shape; he then urged the board to grant the variance. Mr. Houseman inquired if there were any questions ofthe board. Mr. Metzger inquired if there was a garage or car port going on the front of the property with a second level above it. Mr. Simmons stated yes, there would be with a second level. Mr. Metzger stated that this would cause the appearance of a tall wall. Mr. Simmons then showed a diagram of the wall in question Mr. Joe Easton, property owner situated at 60 I 0 Connedy Drive came forward. He stated that he has closed on the purchase of this property. He stated that his original request has been split into two requests as he was advised to do at the last meeting, hoping for approval. Mr. Houseman inquired how the plan has changed since the last meeting Mr. Easton stated that the garage is now a side entry in order to fit and that the front looks the same, although some minor adjustments have been made to make it possible for the structure to fit. Mr. Metzger inquired if the plans have been viewed by neighbors. Mr. Easton stated no, the front is still the same and he has only made the house more narrow and hired a new builder. Mr. Carmen Guido, builderrepresenting 60 I 0 Connedy, came forward. He stated that the lot narrows to such an extreme that it makes for a great challenge from a builder's stand point. He stated that he had tried to redesign and still provide a great product. Mr. Houseman inquired if there was anyone else that wished to speak. Mrs. Barbara Hitze1berger, owner / resident of 3921 Caruth, came forward to address the board on behalf of her sister's daughter, Catherine Howell, who sent a letter in opposition. Mrs. Hitzelberger's sister is the owner of the adjacent property. She read the letter aloud, concluding that she was representing her niece who was unable to attend the hearing. Mr. Simmons stated that he would like to respond to the letter. He stated that Ms. Howell has not seen the latest plan and would hope that if she approves of the new plan he would like to have no controversy with any of the neighbors. Mr. Houseman then closed the public hearing. Mr. Lake stated that he thinks it is a good design on a difficult lot. Mr. Metzger stated that he appreciated the new design and the changes made along with the neighborhood. He then inquired of Mr. Easton if the loan had yet been closed. Mr. Easton stated that he had already put down twenty thousand (20,000.00) and now has eight hundred thousand (800,000.00) invested in this lot. He pointed out that the surrounding lots could some day be demolished and reconstructed causing the same issues. He stated that he needed the square footage on the proposed plan in order to get approval for the loan and if the house was too small he wouldn't be able to get financing. He then urged the board to approve the variance concluding that he is not requesting any more than what the neighboring property already has. Mr. Metzger stated that the ordinance was specific in the percentage oflot size and that the board does not design the plan. Mr. Easton stated that he simply wants to be in line with the other properties. Mr. Houseman inquired of Mr. Hardin that ifthe house was demolished would that pose a moving target. Mr. Hardin stated no, that would cause an unfair standard and that it isn't something that is re-assessed. Mr. Metzger stated that he had a problem with the requested front yard setback. Mr. Easton stated he thought the problem was with the side yard setback. Mr. Metzger stated that the neighbors had problems with the front yard setback. Mr. Easton stated that the requested front yard setback of 40' is now far less that the original request and that was very difficult given the shape of the lot. Mr. Houseman stated that it was a very difficult case given the ordinance requires measurement from the property line instead of the building line as in other cities. He then stated that it would be difficult to put into a motion. He then suggested granting the side setback lines, deny the north line. Mr. Lake suggested pushing back the front of the house but added he was impressed with the front entry and the ability to squeeze that design onto such an ill shaped lot. Mr. Easton stated that a long narrow house would hurt the value even more. Mr. Simon stated that he did want to work out the issues and understands that points of view surrounding the case, but if the variance is denied and lot is sold to another builder, that builder will more than likely be requesting a variance. Mr. Metzger then made a motion to first deny the request as written and then separate the request to approve as follows. Based upon our investigation and the facts and evidence produced at a public hearing for BOA Case No. 06-004 involving the property described as Lot 5, Block C, University Park. Texas, which has a street address of 6010 Connedy, the Board hereby finds that a variance to Section 21-1 OO( 4)( c), City of University Park Zoning Ordinance, as amended, to allow for a total of 20 feet for both side yards where 24% of lot width or 23.15 feet is required will not be contrary to public interest and literal enforcement of the provisions of the ordinance will result in unnecessary hardship, but that a variance to allow a minimum front yard setback of 30 feet where 47.4 feet is required pursuant to Section 21- 100(4)(a)(ii), would be contrary to public interest and literal enforcement of such provisions of the ordinance will not result in an unnecessary hardship, and accordingly, based upon such findings, the Board hereby: (i) grants the request of the property owner at 6010 Connedy Drive for a variance to Section 2l-l00(4)(c) [side yard], City of University Park Zoning Ordinance, as amended, to allow for an aggregate total of 20 feet for both side yards on the property located at 6010 Connedy Drive (minimum 10 feet each side), (ii) denies the request of the property owner at 6010 Connedy Drive for a variance to Section 21- 100(4)(a)(ii) [front yard] City of University Park Zoning Ordinance, as amended, which has the effect of continuing the front yard setback at its existing levels under that provision of the City of University Park Zoning Ordinance, as amended, and (iii) declares and interprets that Section 21- 100(4)(a)(ii) as applied to the property known as Lot 5, Block C, University Park, Texas with an address of 6010 Connedy, which is not in a rectangular shape, partially fronts on Connedy, and partially fronts on Normandy, should be viewed with front yard setbacks as follows: (a) as to the frontage on Connedy Drive, a setback consistent with a determined average of all the existing homes on Connedy Drive to the north which is a 47.4 feet front yard setback requirement, (b) as to the portion of such property which fronts on Normandy, a minimum SF2 front yard setback requirement of 30 feet, ( c) a modified collective front yard setback based upon the intersection of lines drawn from the adjacent properties on Connedy and Normandy to an intersection point on the property in question as depicted on Exhibit "A" attached hereto and incorporated herein, and (d) the adjusted or modified front yard setback requirements for property located at 6010 Connerly shall only be applicable to such property and shall not be deemed applicable to, or precedent for, any other lot or property in the City of University Park. With a second from Mr. Lake; the motion was approved unanimously 4-0. There being no further business before the Commission, Mr. Houseman adjourned the meeting. Approved by: Date: --L rvt\ ~ kL.~o. ~rDob Lon Houseman, Chairman Board of Adjustment PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES June 19, 2006 The Planning and Zoning Commission of the City of University Park met on Monday, June 19, 2006 at 5:00 P.M. in the City Hall Council Chambers, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Staff Members Attending Robert H. West - Chairman Randy Biddle Bill Foose Reed Shawver, III Doug Roach Harry Persaud - Community Dev. Mgr Lewis Nichols - City Attorney Jennifer Deaver- Administrative Assistant Present & Seated Ed Freeman Bea Humann Mr. West opened the public hearing and then read the specifics of the first case. PZ 06-009: Hold a public hearing and consider a request by Analytical Surveys representing the property owner, for approval of a replat and site plan for Lot 14, Block 2, Idlewild Addition, being an Addition of the City of University Park, Dallas County, Texas, and more commonly known as 4212 Lovers Lane. The replat will subdivide the lot into two single family attached lots located in Planned Development District PD-7 zoned for Single Family Attached housing development. A variance is not required for the approval of this replat. Mr. Persaud gave a brief over view of the specifics and confirmed that this replat met all of the city requirements. Mr. West inquired if there was any favoring / opposing parties that wished to speak. Mr. Doug Bradley, owner / resident of 4201 Amherst came forward. He introduced himself and stated that he was opposed to the replat for fear it would result in other properties being changed to SF A and that it would not be favorable for the property value. He then inquired of the process of approval of replats reviewed by the Planning and Zoning Commission. Mr. West explained that replats must meet all requirements of the city ordinance in order for city staff to place on the agenda of The Planning and Zoning Commission. Mr. Bradley then inquired ifhe could have guidance as to what measures to take preventing his own lot from being re zoned. Mr. Nichols gave direction to Mr. Bradley in the process of rezoning a lot. Mr. Bradley inquired when was the lot rezoned PD- 7. Mr. West stated that change was made was in 1996. Mr. Bradley inquired if the neighbors could have any influence with the builders as to the design of the house on the re-zoned lot. Mr. Persaud stated that the design must meet certain requirements for the set back lines according to the ordinance, be approved and have a permit issued, and a resident may contact a builder with any concerns. Mr. West then closed the public hearing. Mr. Foose made a motion to approve the replat, with a second from Mr. Roach the motion was approved unanimously 5-0. Mr. West then read the specifics of the second case. PZ 06-010: Hold a public hearing and consider a request by Analytical Surveys representing the property owner, for approval of a replat for Lot 1, Block 2, Thackeray Addition, being an Addition of the City of University Park, Dallas County, Texas, and more commonly known as 3625 Asbury. The replat will subdivide the lot into two single family attached lots located in Planned Development District PD-6 zoned for Single Family Attached housing development. A variance is not required for the approval of this replat. Mr. Persaud gave a brief over view of the specifics and confirmed that this replat met all of the city requirements. Mr. West inquired if there was any favoring / opposing parties that wished to speak. None came forward Mr. Biddle made a motion to approve the replat, with a second from Mr. Shawver the motion was approved unanimously 5-0. Mr. West then read the specifics of the third case. PZ 06-006: Hold a public hearing and 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. This item was tabled at the May 15, 2006 meeting. Mr. West inquired ifthere was any favoring / opposing parties that wished to speak. None came forward. Mr. Foose inquired of an example of a freestanding column. Mr. Persaud reminded him of the power point presentation from the May 15th meeting. Mr. Foose suggested that the ordinance read no more than four items as opposed to four columns allowed in required front yards. A discussion ensued suggesting the re wording of the ordinance and it was determined that the item be tabled until the July 17th meeting of the Planning and Zoning commission when Mr. Dillard could be present to assist in the correct wording change in the amended ordinance. Mr. Biddle made a motion to table the decision until the July 17th meeting, with a second from Mr. Roach 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 (1)( 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. Mr. Persaud gave a brief over view of the specifics of this case, reminding the commission members that this item was tabled at the May 15, 2006 meeting. Mr. West inquired if there was any favoring I opposing parties that wished to speak. None came forward. Mr. Roach inquired of what the fee for a fence permit was. Mr. Persaud stated that the fee was $50.00; he then reviewed statements from Mr. Smallwood from the May 15th meeting. Mr. Foose inquired if a the ordinance change was driven by staff because of the large sanitation trucks needing more alley space. Mr. West suggested that the larger homes may playa factor in the smaller alley ways. Mr. Foose made a motion to the amendment to the zoning ordinance, with a second from Mr. Roach the motion was approved unanimously 5-0. Mr. Biddle made a motion to approve the minutes of the May 15th meeting, 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: Jf~ l:l fL:t-. Robert H. West, Chairman Planning & Zoning Commission 7 II 7 hi , I Date