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Home My WebLink AboutAgenda 10-03-06 City CouncilA G E N D A #2623 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, OCTOBER 3, 2006 AT 5:00 P.M. 4:00-5:00 P.M. WORK SESSION FOR AGENDA REVIEW I.INVOCATION – Human Resources Director Luanne Hanford II.PLEDGE OF ALLEGIANCE – Human Resources Director Luanne Hanford/Boy Scouts III.INTRODUCTION OF COUNCIL – Mayor James H. Holmes, III IV.INTRODUCTION OF STAFF – City Manager Bob Livingston V.AWARDS AND RECOGNITION RECOGNITION: Of Achievement of Excellence in Procurement Award Received by Purchasing Agent Christine Green RECOGNITION: Of Police Officer Bill Hawkins as New Sergeant VI.CONSENT AGENDA A.CONSIDER: Purchase of New Rubber Tire Loader for Streets Division – Green Pages 2-3 B.CONSIDER: Purchase of New Skid-Steer Loader for Parks, Streets and Utilities Divisions – Green Page 4 C.CONSIDER: Request to Use City Streets for Light the Night Walk for Leukemia and Lymphoma Society of North Texas – Adams Pages 5-6 D.CONSIDER: Ordinance Adopting 2006 Property Tax Rate of 29.272 Cents per $100 Taxable Value – Austin Pages 7-10 E.CONSIDER: Ordinance Adopting FY2007 Salary Plan – Austin Pages 11-17 VII.MAIN AGENDA A.DISCUSS: Accessory Buildings and Structures on Single Family Lots without a Main Building – Persaud Pages 18-50 B.DISCUSS: Installation of Certain Landscape Features such as Planter Boxes in City Right-of-Ways – Persaud Pages 51-57 C.CONSIDER: Secondary Entrance Marker Program – Bradley Pages 58-59 D.CONSIDER: Proposal from C&P Engineering to Develop 25MPH Pilot Study – Smallwood Pages 60-61 E.CONSIDER: Ordinance for Newsrack Regulations – Corder Pages 62-69 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. AGENDA MEMO (10/03/06 AGENDA) DATE: September 28, 2006 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: H-GAC Purchase of Rubber Tire Loader & BuyBoard Purchase of Skid Loader Attached is a memo from Jacob Speer, Assistant Director of Public Works, regarding the proposed purchase of a rubber tire loader backhoe for use at the 2525 University Boulevard lot. The replacement equipment is available through the Houston-Galveston Area Council of Governments (HGAC) Cooperative Purchasing Program. The City has had an interlocal agreement for cooperative purchasing with HGAC since 1994. Purchases made through HGAC fulfill all competitive bidding requirements. The HGAC vendor for the equipment is RDO Equipment in Irving. The total cost for the tire loader is $122,865.08. Also attached is a memo from Gerry Bradley, Director of Parks, regarding the proposed purchase of a skid loader for the Parks Department. The replacement equipment is available through the Texas Local Government Statewide Purchasing Cooperative (BuyBoard). Purchases made through the BuyBoard fulfill all competitive bidding requirements. Holt-Cat is the BuyBoard vendor for this equipment. The total cost for the skid loader is $33,754.00. RECOMMENDATION: Staff recommends purchasing the rubber tire loader through HGAC in the total amount of $84,199.24 and the skid loader through the BuyBoard in the total amount of $33,754.00. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\HGAC BuyBoard Purchases Oct 2006 by C Green.doc 1:46 PM 09/28/06 AGENDA MEMO (10/03/06 AGENDA) DATE: September 28, 2006 TO: Honorable Mayor and City Council FROM: Jacob Speer, Assistant Director of Public Works SUBJECT: Purchase of New Rubber Tire Loader ITEM: The City uses a large rubber tire loader to handle materials at the 2525 University Blvd lot. Excavated soil and pavement that is stockpiled at the lot is picked up with the loader and placed into large trucks to be hauled to a dump site in southern Dallas County. Our current loader is over 20 years old and now requires a great deal of maintenance. The City also owns a 14 year- old loader assigned to the Utilities Division. That loader is not widely utilized by the Utilities Division and not suited for the work at the 2525 University site. Staff feels it would be most efficient to replace the 20 year-old loader currently used for debris handling with a comparable piece of equipment. The 14 year-old loader can be auctioned off without replacement. The functions of that piece of equipment can be accomplished with a combination of using the new loader and renting equipment for specific projects. This approach will save the City a considerable amount of money. After careful review of equipment from multiple manufacturers, our operators and equipment maintenance staff feel that the John Deere 544J is the best choice for purchase. This product is available for purchase through the Houston Galveston Area Cooperative purchasing agreement for $122,865.08. RECOMMENDATION: Staff recommends purchase of the specified rubber tire loader from RDO Equipment under the HGAC contract in the amount of $122,865.08. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Loader Purchase 10-03-06.doc 1:48 PM 09/28/06 AGENDA MEMO (10/03/2006 AGENDA) DATE: September 28, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT : Equipment Replacement – Skid Loader BACKGROUND: City staff is requesting the purchase of a new skid loader to replace unit #1782 which is currently 21 years old and has been placed on auction. The Mustang Skid Loader will be purchased on the Buy Board from Holt- Cat in the amount of $33,754.00. The unit will include attachments including a 72 inch bucket for excavation, front forks for loading materials and auger attachments for pier and post installations. These attachments will greatly increase the equipment versatility. This equipment will be placed in the City’s equipment pool for use by the Street, Utilities and Parks Department. RECOMMENDATION: Staff is requesting City Council approve the purchase and replacement of the 21 year old skid loader. Funding has been identified within the City’s capital equipment replacement budget. ATTACHMENTS: None 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Skid Loader.doc 1:50 PM 09/28/06 AGENDA MEMO (10/3/2006 AGENDA) DATE: September 26, 2006 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Light the Night Walk for Leukemia and Lymphoma Background/Analysis: The Leukemia and Lymphoma Society of North Texas has requested permission to use city streets for the purpose of holding a 2-mile walk to be held on Sunday, October 29, 2006. The purpose of the walk is to raise funds for the North Texas Chapter of The Leukemia and Lymphoma Society. The walk will begin at 7:00 p.m. and end at approximately 9:00 p.m. There will be an estimated 3,000 to 4,000 participants. The Leukemia and Lymphoma Society will hire five off-duty University Park Police Officers to direct traffic throughout the route. Recommendation: Staff recommends approval of this event. Attachments: Map of the proposed 2-mile walk 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Luekemia Run.doc 11:27 AM 09/26/06 Daniel Ave. University ~ ~ ..... Ul ~ ~ ::E C ~lCSf~?) '!.. Daniel Ave. ... N ""/.. University Blvd. C Mosed?) r- ""'3 ~ \J'I <;;;) Q "--.-J l' Ford Stadium Mockingbird Ln. Visitor Parking (P) y... )\ ..... tI) s:: ..... - .D ::s o AGENDA MEMO (10/03/2006 AGENDA) DATE: September 28, 2006 TO: Honorable Mayor and City Council FROM: Kent R. Austin, Director of Finance SUBJECT: Ratification of tax rate ordinance and salary plan ordinance Background At the September 26, 2006, City Council meeting, the Council approved the FY2007 budget ordinance, the 2006 tax rate ordinance, and the FY2007 salary plan ordinance. The three items were identified in the agenda as “Consider ordinance adopting FY2007 budget,” rather than being identified separately. To remove any doubt about proper notice, the City Attorney has recommended that the tax rate ordinance and salary plan ordinance be placed on the October 3 Council meeting consent agenda for ratification. The 2006 tax rate is 5.45% lower than the 2005 rate of 30.958 cents and yields a 3.1% effective tax increase. The salary plan is the result of the annual study by the Hay Group and a survey of peer cities; overall the plan includes a 5% raise for police and fire personnel and 3% to 7% raises for non-public safety City employees. The tax rate and the salary plan are both integral pieces of the approved FY2007 budget. Recommendation Staff recommends approval of the ordinance establishing a 2006 tax rate of 29.272 cents per $100 taxable value and of the ordinance adopting the FY2007 salary plan. Attachments: ?2006 tax rate ordinance ?FY2007 salary plan ordinance 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO 10-03-06 ord ratify (2).doc 1:06 PM 09/28/06 ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE FISCAL YEAR 2006-2007 ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF UNIVERSITY PARK AS OF JANUARY 1, 2006, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENDITURES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, all notices have been given and public hearings held as required by law to adopt a tax rate for 2006; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That there be and is hereby levied for the year 2006, on all taxable property, real, personal and mixed, situated within the limits of the City of University Park, Texas as of January 1, 2006, and not exempt by the Constitution of the State and valid State laws, a tax of $0.29272 on each $100.00 assessed valuation of taxable property, and such taxes shall be apportioned and distributed as follows: (A) $0.29272 on each and every $100.00 valuation of said property is hereby levied and assessed to provide revenues for maintenance and operations of City government and current expenses thereof; and (B) That no rate is set for debt service because the City of University Park currently has no bonded indebtedness. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY -$13.49. SECTION 2. That all ad valorem taxes shall become due and payable on October 1, 2006, and all ad valorem taxes for the year shall become delinquent after January 31, 2007. That in addition C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Tax Ordinance for 2006 (2).doc to any statutory exemptions for the 2006 tax year, the City Council hereby authorizes a General Homestead Exemption of twenty percent (20%) of the assessed value and an Over Sixty-five Years of Age Exemption of $50,000.00 on the assessed value. SECTION 3. That a delinquent tax shall incur all penalty and interest authorized by law, including a penalty of six percent (6%) on the amount of the tax for the first calendar month it is delinquent, plus one percent (1%) for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent. A tax delinquent on July 1 incurs a total penalty of twelve percent (12%) of the amount of the delinquent tax, without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue at the rate of one percent (1%) for each month or portion of a month the tax remains unpaid. Taxes that remain delinquent on July 1, 2007, incur an additional penalty of fifteen percent (15%) of the amount of the taxes, penalty and interest due. Such additional penalty is to defray costs of collection due to a contract with the City's tax collection attorney pursuant to Section 33.07 of the Tax Code. SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part thereof decided to be unconstitutional, illegal or invalid. SECTION 6. This ordinance shall take effect on October 1, 2006. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of October, 2006. C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Tax Ordinance for 2006 (2).doc APPROVED: ____________________________________ JAMES H. HOLMES, III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Tax Ordinance for 2006 (2).doc ORDINANCE NO. 06/ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A PAY PLAN FOR EMPLOYEES OF THE CITY OF UNIVERSITY PARK FOR FY 2006-2007, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, as provided in Chapter 8, Article 8.500 of the Code of Ordinances of the City of University Park, Texas, a pay plan to compensate employees of the City of University Park for FY 2006-2007 is adopted to wit: 1. PAY PLAN BY CATEGORIES: EXEMPT EMPLOYEES _____________________________________________________________________________________ TITLE POINTS MIN. MARKET MAX. DIRECTOR OF PUBLIC WORKS E 904 8744 10122 12098 DIRECTOR OF FINANCE E 755 7633 8836 10551 CHIEF OF POLICE E 732 7462 8638 10314 FIRE CHIEF E 732 7462 8638 10314 DIRECTOR OF HUMAN RESOURCES E 677 7052 8164 9748 DIRECTOR OF PARKS E 636 6746 7809 9325 CITY ENGINEER E 611 6560 7594 9068 POLICE CAPTAIN – (OLD RANGE) E 594 6433 7447 8892 DIRECTOR OF INFORMATION SERVICES E 588 6388 7395 8830 CONTROLLER E 551 6112 7075 8448 ASST. DIR. OF PUBLIC WORKS E 551 6112 7075 8448 POLICE CAPTAIN – (NEW RANGE) E 516 5851 6555 7828 DEPUTY FIRE CHIEF E 516 5851 6555 7828 FIRE MARSHAL E 479 5576 6455 7708 COMMUNITY DEVELOPMENT MANAGER E 479 5576 6455 7708 UTILITIES SUPERINTENDENT E 432 5526 6050 7224 SANITATION SUPERINTENDENT E 421 5144 5955 7110 MGMT. SYSTEMS COORDINATOR E 417 5115 5921 7070 FLEET MANAGER E 406 5032 5825 6956 COMMUNITY INFORMATION OFFICER E 382 4854 5619 6710 CITY SECRETARY E 353 4638 5369 6411 CIVIL ENGINEER II E 353 4638 5369 6411 SR. NETWORK ADMINISTRATOR E 353 4638 5369 6411 ACCOUNTING MANAGER E 344 4570 5290 6317 PC, NETWORK & WEB SPECIALIST E 344 4570 5290 6317 PURCHASING AGENT E 332 4481 5187 6194 ASST. TO DIR. OF PUBLIC WORKS E 332 4481 5187 6194 POLICE ACCREDITATION MGR (PT) E 332 4481 5187 6194 POLICE COMM./RECORDS SUPERVISOR E 323 4409 5104 6094 PARKS SUPERINTENDENT E 318 4377 5067 6050 CIVIL ENGINEER I E 314 4347 5032 6009 COURT ADMINISTRATOR E 308 4302 4980 5947 GIS COORDINATOR E 298 4227 4893 5843 ASSET MANAGEMENT COORDINATOR E 298 4227 4893 5843 UTILITY BILLING MANAGER E 291 4176 4834 5772 ASSTISTANT TO CITY MANAGER E 216 3424 3964 4733 NON-EXEMPT EMPLOYEES _____________________________________________________________________________________ TITLE GRADE PTS. MIN. MARKET MAX. CONSTRUCTION INSPECTOR N 58 296 4103 4750 5671 BUILDING INSPECTOR III N 58 296 4103 4750 5671 EQUIP. SHOP SUPERVISOR N 57 269 3811 4412 5268 TRAFFIC SUPERVISOR N 57 269 3811 4412 5268 PARK SUPERVISOR N 57 269 3811 4412 5268 SANITATION CREW LEADER N 57 269 3811 4412 5268 MAINTENANCE SUPERVISOR N 57 269 3811 4412 5268 BUILDING INSPECTOR II N 57 269 3811 4412 5268 BUILDING INSPECTOR I N 56 245 3552 4112 4910 WAREHOUSE SUPERVISOR N 56 245 3552 4112 4910 CODE ENFORCEMENT OFCR. N 56 245 3552 4112 4910 NEIGHBORHOOD INTEGRITY OFCR N 56 245 3552 4112 4910 ENGINEERING TECH. N 56 245 3552 4112 4910 TRAFFIC TECHNICIAN II N 56 245 3552 4112 4910 PLANNING ASSISTANT N 56 245 3552 4112 4910 FIRE ADMIN. ASSISTANT N 55 216 3238 3748 4476 POLICE ADMIN. ASSISTANT N 55 216 3238 3748 4476 GARDENER III N 55 216 3238 3748 4476 FORESTRY TECHNICIAN N 55 216 3238 3748 4476 HORTICULTURIST N 55 216 3238 3748 4476 IRRIGATION TECHNICIAN N 55 216 3238 3748 4476 PESTICIDE TECHNICIAN N 55 216 3238 3748 4476 EQUIP. SERVICE TECHNICIAN N 55 216 3238 3748 4476 WELDING TECHNICIAN N 55 216 3238 3748 4476 POLICE RECORDS CLERK N 54 191 2968 3436 4103 PAYROLL SPECIALIST N 54 191 2968 3436 4103 HUMAN RESOURCES ASST. N 54 191 2968 3436 4103 WAREHOUSE/EQUIP SERV ASST N 54 191 2968 3436 4103 BUILDING & ZONING ASST. N 54 191 2968 3436 4103 ACCOUNTS PAYABLE SPECIALIST N 54 191 2968 3436 4103 FACILITIES MAINT. TECH. N 54 191 2968 3436 4103 DISPATCHER N 54 191 2968 3436 4103 ANIMAL CONTROL OFFICER N 54 191 2968 3436 4103 SIGNS/MARKINGS TECH II N 54 191 2968 3436 4103 MAINTENANCE TECH II N 54 191 2968 3436 4103 SR. UTILITY BILLING SPECIALIST N 53 160 2634 3049 3641 ADMIN. SECRETARY N 53 160 2634 3049 3641 PARKING ENFORCEMENT OFFICER N 53 160 2634 3049 3641 SANITATION DRIVER III N 53 160 2634 3049 3641 TRAFFIC TECHNICIAN I N 53 160 2634 3049 3641 LUBE & TIRE TECHNICIAN N 53 160 2634 3049 3641 SIGNS/MARKINGS TECH I N 53 160 2634 3049 3641 POLICE ALARM PERMIT CLERK N 53 160 2634 3049 3641 LEAD CUSTODIAN N 52 143 2449 2835 3385 CID CLERK (PT) N 52 143 2449 2835 3385 UTILITY BILLING SPECIALIST N 52 143 2449 2835 3385 MAIL/UTILITY BILLING SPECIALIST N 52 143 2449 2835 3385 DEPUTY COURT CLERK N 52 143 2449 2835 3385 SANITATION DRIVER II N 52 143 2449 2835 3385 GARDENER II N 52 143 2449 2835 3385 MAINTENANCE TECH I N 52 143 2449 2835 3385 RECEPTIONIST N 52 143 2449 2835 3385 SANITATION DRIVER I N 51 119 2190 2535 3027 WAREHOUSE PARTS RUNNER N 51 119 2190 2535 3027 CUSTODIAN N 50 99 1975 2286 2730 GARDENER I N 50 99 1975 2286 2730 POLICE DEPARTMENT _____________________________________________________________________________________ TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 _____________________________________________________________________________________ POLICE LT. 6053 6356 POLICE SGT. 5490 5765 POLICE OFFICER 4097 4302 4517 4743 4980 5229 POLICE RECRUIT 3717 3903 FIRE DEPARTMENT _____________________________________________________________________________________ TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 _____________________________________________________________________________________ FIRE SECTION CHIEF 6517 6843 FIRE CAPTAIN 5804 6094 FIRE LIEUTENANT 5538 DRIVER/ENGINEER 5366 FIREFIGHTER 3911 4107 4312 4527 4754 4992 FF RECRUIT 3581 PARAMEDIC $125 PER MONTH ASSIGNMENT PAY PLUS $20 FOR EACH SHIFT ASSIGNED TO MICU INSPECTOR $50 PER MONTH ASSIGNMENT PAY PRECEPTOR 5% OF BASE PAY WHILE ASSIGNED AS PRECEPTOR PART TIME AND TEMPORARY EMPLOYEES Pay to be determined by the Director of Human Resources. 2. PAY PLAN ADMINISTRATION: (a) Non-uniformed Pay Plan. The pay plan presented herein for positions except uniformed police and fire defines the range of pay for each position in the city. There will be two steps between minimum and market, with minimum designated as Step 1 and market pay designated as Step 4, that range being designated as both a hiring and probationary range. Market pay (Step 4) of each range is considered the rate of pay for a fully trained, competent employee. There will be five steps between market pay and maximum, with maximum designated as Step 10, that range being designated for merit pay. Progression from one step to the next higher step shall be based solely on performance as approved by the department head or city manager and will be effective on an employee’s evaluation date. (b) Uniformed Police and Fire Pay Plan. In order to receive a step increase, each employee must meet the time-in-service requirement and have a performance evaluation that is at least “Meets Expectations.” If an employee does not meet the performance evaluation requirement, the supervisor may set a time for re-evaluation and reconsideration of the step increase if improved performance is recognized. 3. ASSIGNMENT PAY: Paramedic and Fire Inspector positions are not specified as rank, but are designated as an assignment and receive assignment pay as follows: Paramedic $125 per month plus $20 for each shift assigned to MICU Inspector $50 per month Preceptor 5% of base pay while assigned as Preceptor The assignment pay will be in addition to the pay allocated for the rank at the time of assignment. For example, a firefighter assigned as paramedic will receive the pay for a firefighter plus $125 per month plus $20 for each shift assigned to the MICU. If the employee discontinues the paramedic assignment, that employee reverts back to the previous rank and the assignment pay is discontinued. The same is true if the reassignment is made with cause or is in the best interest of the department. Fire Department employees will not be eligible for assignment pay while on leave for any reason. Police officers assigned to CID rotation will receive assignment pay as follows: CID 5% of base pay Warrant Officer 5% of base pay Field Training Officer 5% of base pay 4. WORK EXPERIENCE PERIOD: The work experience period is one year under normal circumstances for uniformed police and fire and six months for all other employees. Nothing herein prevents the extension of a work experience period or prevents any department head from delaying or withholding pay increases for just and compelling reasons. 5. SHIFT DIFFERENTIAL PAY: Dispatchers who work the evening shift will receive an additional pay of $25 per month. Police Officers, Police Sergeants, Police Lieutenants, and Dispatchers who work deep night shift will receive an additional pay of $50 per month. These employees must maintain a performance evaluation that “Meets Expectations” in order to be eligible for the shift differential pay. 6. LONGEVITY: All police and fire personnel shall receive the State of Texas mandated payment of four dollars ($4.00) per month for each year of service up to a maximum of 25 years. All other employees of the City shall receive longevity pay at the same rate as police and fire personnel. For the purpose of this section, longevity payments begin at the start of each month after the anniversary date, unless such anniversary date is on the first of the month. 7. EDUCATION AND CERTIFICATION PAY: (a) Uniformed personnel in the Fire Department shall receive incentive pay for college education hours in Fire Protection Technology. This plan does not include the rank of Captain or higher except as designated below. Fire Lieutenant is eligible for education pay only for eighteen hours and above. 1. Twelve (12) hours $20.00 per month 2. Eighteen (18) hours $30.00 per month 3. Thirty-six (36) hours $ 40.00 per month 4. Assoc. degree or 60 hours $ 50.00 per month 5. Bachelor’s degree as recognized by the Texas Fire Commission $100.00 per month Employees promoted to Fire Captain after January 1, 1997 will be eligible for incentive pay for college education hours in Fire Protection Technology under the following plan: 1. Assoc. degree or 60 hours $25.00 per month 2. Bachelor’s degree as recognized by the Texas Fire Commission $75.00 per month Employees promoted to Section Chief after January 1, 1997 will be eligible for incentive pay for college education hours in Fire Protection Technology under the following plan: 1. Bachelor’s degree as recognized by the Texas Fire Commission $75.00 per month The Fire Chief must review and approve the subjects and the plan of study prior to instigation by the employee in order to eligible for the pay described above. In addition to the above, uniformed Fire Department personnel will be eligible for the following incentive pay for certification beyond basic. This does not pertain to ranks of Lieutenant and above except as designated below: 1. Intermediate $25.00 per month 2. Advanced $50.00 per month 3. Master’s $75.00 per month Employees promoted to Fire Captain or Fire Lieutenant after January 1, 1997 will be eligible for incentive pay for the following certifications: 1. Advanced $25.00 per month 2. Master’s $50.00 per month Employees promoted to Section Chief after January 1, 1997 will be eligible for incentive pay for the following certifications: 1. Master’s $25.00 per month No Fire Department personnel shall receive more than $125 per month in incentive pay. (b) Patrol Officers are eligible for educational incentive pay as follows: 1. Assoc. degree or 60 hours $ 50.00 per month 2. Bachelor’s degree $100.00 per month Police Lieutenants and Sergeants are eligible for educational incentive pay as follows: 1. Bachelor’s degree $75.00 per month In addition to the above, Patrol Officers are eligible for certification pay incentive according to the TCLEOSE certification held: 1. Intermediate $25.00 per month 2. Advanced $50.00 per month Police Lieutenants and Sergeants are eligible for certification pay incentive according to the following: 1. Advanced $25.00 per month No police personnel shall receive more than $125 per month in incentive pay. 8. MASTER POLICE OFFICER: The Master Police Officer designation is discontinued as of 10/01/00. Any Police Officer who carries the Master Police Officer designation as of 10/01/00 will continue to hold the designation until such time he/she no longer meets the qualifications set forth below. Any Officer who loses the designation will not be eligible to regain it. The designation will continue to carry a fifty dollar ($50) per month assignment pay. The qualifications for this designation are as follows: a. Must have been with the University Park Police Department for five (5) years or with the UP Police Department for two (2) years and hold an Advanced TCLEOSE Certification; b. Must maintain a performance evaluation that “Meets Expectations” for the past two years; c. Must not have had any preventable accidents within the last eighteen (18) months; d. Must not have had any suspensions within two (2) years, any written reprimands within one (1) year, or any oral reprimands within the past six (6) months; e. Must complete Field Training Officer School and must qualify and perform as a Field Training Officer; f. Upon obtaining the Master Police Officer designation, the officer must successfully complete both basic supervision and intermediate traffic accident training; g. Must demonstrate proficiency with service weapons; and h. Must complete one Criminal Investigation school. 9. OVERTIME PAY: Overtime pay will be applied as described in Administrative Order PRS-4. 10. APPLICATION OF PAY PLAN: The pay plan, as outlined above, applies only to regular full-time employees (except for overtime provisions). 11. APPROVAL OF CHANGES IN CLASSIFICATION: The city manager shall have authority to approve all changes in classification; however, the number of classification changes subject to his/her approval shall not exceed 10% of total employees during the fiscal year. 12. INTERPRETATION: From time to time, it may be necessary to interpret the pay plan for its applicability to certain unforeseen circumstances. The city manager may issue an administrative order interpreting the pay plan for specific circumstances; however, all such interpretation may be appealed to the City Council within fifteen (15) days. SECTION II This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide, provided that the pay plan to be given effect hereby shall take effect on October 1, 2006. rd DULY PASSED by the City Council of the City of University Park, Texas, on the 3 day of October, 2006. APPROVED: ___________________________________ MAYOR APPROVED AS TO FORM: ATTEST: ______________________________ ___________________________________ CITY ATTORNEY CITY SECRETARY AGENDA MEMO (10/03/2006 AGENDA) DATE: October 3, 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Discuss and consider accessory buildings and structures on single family lots without a main building. Background/Analysis: Chris and Susan Cooper purchased a vacant single family lot located at 3844 Bryn Mawr adjacent to their current residence located at 3848 Bryn Mawr. The Coopers contacted staff requesting to install a fence and a playset on the vacant lot. Staff informed the Coopers that they needed to amend the plat to combine the two single family lots into one building site. In this way their existing home will serve as the main or primary building on the lot and then other accessory structures may be allowed in accordance with the zoning ordinance. The City Attorney was contacted and he confirmed the interpretation of the zoning ordinance by staff. The Coopers are reluctant to combine the lots as they wanted to preserve their right to sell the other lot at any time in the future. The Coopers are concerned that the Zoning ordinance may change in the future to prohibit the subdivision of the combined lot. The Coopers requested staff to provide a written guarantee that the zoning ordinance will not change to affect the lot dimensions. Even though it is very unlikely that the lot dimensions in the current ordinance will change, staff cannot provide such a written guarantee. The Coopers have forwarded to staff a list of similar properties which have fences and other structures and which have not amended the original plat. The Coopers addressed the City Council on August 21, 2006 on this matter. City Council received a report from staff on September 5, 2006 and referred the item to ZOAC for review and recommendation. 1 Recommendation: ZOAC considered this item on September 26, 2006, and unanimously agreed that the current provisions relating to accessory structures in the single family districts should be enforced. ZOAC further advised staff to send letters to property owners who are currently in violation informing them about the violation and to let them know that compliance with the ordinance will be required whenever they file application for a building permit. Staff is in agreement with ZOAC’s recommendation. Attachments: 1. Current definition and code requirements for accessory uses and structures. 2. Power Point Summary 2 Accessory Buildings and Structures DEFINITION: means a subordinate, Accessory Building or Use, Residential detached building or structure in a residential district, used for a purpose customarily incidental to the main structure, such as a private garage for automobile storage, tool house, lath or greenhouse as a hobby (no business), home workshop, servants quarters, children’s playhouse, storage house, garden shelter or swimming pool, but not involving the conduct of a business, nor used as a dwelling area or place of abode except as noted under “Servants Quarters” as defined in this Section. Sec. 1.Accessory and Temporary Use Requirements General 1-100 Accessory buildings shall not be used for rental purposes or barter (1) exchange. Accessory buildings may be occupied only by immediate family (2) members and/or full-time domestic servant or servants. In case of a live-in servant family, all adult members must be employed by the owner/occupant of the property. Bathroom and other plumbing facilities are allowed. Kitchen, cooking (3) and food preparation facilities shall be allowed in accessory buildings designed or utilized for residential living and associated with a single- family use of the property. Upon submittal of an application for a building permit by the owners of the real property, the Community Development Manager or his designee, may issue a building permit to construct, remodel, or make addition to a residential accessory building with the kitchen, cooking or food preparation facilities, provided that a deed restriction instrument, executed by all owners of the real property and limiting the use of an accessory structure to immediate family members and/or full time domestic servant or servants, has been filed with the Administrator in the form required by the City and sufficiently executed that it may be recorded in the Deed Records of Dallas County, Texas. The accessory building shall not have separate utility meters. Any (4) telephones must be extensions from the main structure. It shall be unlawful to use any building located in a residential district (5) for business purposes, except for a home occupation as defined in . Error! Reference source not found. 3 Air conditioning compressors, cooling towers, pool equipment and (6) similar accessory equipment shall be located behind the required front building line, and be a minimum of five feet (5’) from an adjacent side property line, and a minimum of three feet (3’) from the rear property line and installed at grade level. When such equipment is located in a side yard of a corner lot, adjacent to a side street, or in the front half of any lot, such equipment shall be screened from view by a fence, wall, or shrubbery. Private Tennis Courts 1-101 A private tennis court is an accessory structure permitted only by (1) specific use permit. A private tennis court shall not cover more than twenty percent (20%) of a residential building site or lot. Any private tennis court surface and/or appurtenances (other than (2) fences or walls) shall be set back a minimum of three feet (3’) from the rear property line and/or any easement. Swimming Pools 1-102 Swimming pools constructed on residential lots shall be: (1) Located in the rear half of the lot; (a) Constructed below ground at grade level; and (b) Constructed of concrete or other approved material that is inert, (c) nontoxic, and impervious to vermin and decay. Applications for permits must be supported by a plot plan (minimum (2) scale one inch equals twenty feet [1” = 20’]) showing the: Size and area of the pool; (a) Location of the pool on the lot; (b) Location and height of the fence enclosing the pool; (c) Location and size of all doors and gates granting access to the (d) pool area from the outside; Location and detail of all connections to sanitary and storm (e) sewers as described in subsections (6) and (7) below. Size and location of all other detached structures in the rear yard; (f) Parking space in the rear yard; (g) Location and size of any proposed structure, where applicable; (h) Location of filter equipment; (i) Routing and location of private and public electric and (j) telephone lines; and, Location of all underground utilities such as sanitary sewer, gas, (k) and water lines. Any door granting access to the swimming pool area from the outside (3) through any accessory or detached building or structure other than 4 the main building shall not exceed forty-eight inches (48”) in width and shall also be equipped with self-closing mechanisms and with automatic self-fastening locks. All lights in the swimming pool area, except those in the pool itself, (4) shall be no higher than the fence surrounding such pool and shall be covered with a mushroom-type ornamental fixture which covers the light and reflects downward. Such pool shall be set back a minimum of five feet (5’), measured (5) from the inside walls of said pool, from each side line or from the rear line of said lot. (6)Drainage Such pool shall be equipped with proper filtration and water (a) treatment equipment to insure that the water will be pure at all times. This equipment shall be connected by an underground conduit to the sanitary sewer adjacent to such property and a proper indirect waste connection must be made as required by the plumbing ordinance. Any such equipment shall not be located in the required side yard of the main building. Deck drains or surface water shall not be discharged into the (b) sanitary sewer but must be diverted away from adjacent property into a storm drain either in the street or an alley. (7)Utilities No overhead electric power or telephone utility lines shall be (a) permitted to cross any portion of a swimming pool. All electrical service wires, either public service in the alley or (b) private service on the premises, must clear the pool proper by at least five feet (5’) horizontally and thirty feet (30’) vertically above the surface of the pool, so that there will be no possibility of broken wires falling into the pool. All wiring must comply with the National Electrical Code and (c) ground fault interrupter devices shall be installed in accordance with said code. For swimming pool enclosure standards, see (8)Error! Reference source of , Fences, Walls, and not found.Error! Reference source not found. Equipment Screening. Accessory Features Not Allowed in Residential Front Yards 1-103 In residential districts, trucks exceeding three-quarter (3/4) ton (1) capacity, campers, travel trailers, boats or recreation vehicles shall not be parked or stored on any abutting street or within the required front yard of any property, and travel trailers, campers or recreation vehicles shall not be used for dwelling purposes. No portion of a tennis court surface, fence, wall or other (2) appurtenance shall be located within the required front yard. 5 Breezeways or Covered Walk 1-104 A breezeway or covered walk consisting of a one (1) story unenclosed passageway, not exceeding twelve feet (12’) in height or six feet (6’) in cross-sectional width (measured between supports) and having eaves or roof overhang not exceeding twenty-four inches (24”), may connect a main building with a detached structure (complying with all the requirements for a detached structure or accessory building), provided such structures are separated by a minimum distance of fifteen feet (15’). 6 Enclosed Garage or Carport 1-105 No attached garage shall be located, designed, or constructed to face or open upon the front of any lot or tract in any district so that the opening or entrance to such garage or carport faces the front street. All garages, carports, or other vehicular storage structures shall be constructed in a manner as to be entered from the side building line of the garage or storage structure or the rear of the building line of such structure. Places of Worship 1-106 Off-street parking as an accessory use to a place of worship located in a residential district shall be permitted when such parking is located on the same lot, tract or site occupied by a worship-related structure on which building permits were issued. Accessory Buildings or Structures in SF Districts 1-107 (1)Location Attached accessory buildings shall observe the same setback (a) requirements as the main building. Detached accessory buildings or structures shall be located in (b) the area defined as the rear yard. (2)Yards (a)Side Yards Any detached accessory building or structure shall have a i. side yard not less than three feet (3’) from any interior side lot 7 line from the closest point of the structure, provided that an accessory building or structure may be placed less than three feet (3’) from an interior side lot line at the closest point if the vertical wall and roof projections, if any, adjacent to such interior side lot line are constructed with a system having not less than a two-hour fire-resistant rating. No part of an accessory building or structure may be located closer than two feet (2’) to any interior side lot line. For accessory buildings adjacent to a side street, the side ii. yard shall comply with main structure requirements. Windows or other openings greater than twelve feet, six iii. inches (12’6”) above the top of the foundation or a vertical wall surface exceeding twelve feet, six inches (12’6”) shall not be adjacent to any side lot line unless such windows, openings, or vertical wall surfaces are set back a minimum of twenty feet (20’) from such interior side lot line. (b)Rear Yards An accessory building or structure not containing a garage i. shall have a rear setback of not less than three feet (3’), measured from the rear property line unless there is an opening facing the rear property line above the twelve feet six inches (12’6”) plate line. If said opening occurs, then there shall be a minimum setback of twelve feet, six inches (12’6”) from the rear property line. The main building, all accessory buildings and all other ii. structures in excess of thirty inches (30”) above ground level shall not cover more than fifty percent (50%) of that portion of the lot lying to the rear of the midpoint line of the lot, i.e., a line joining the midpoint of one side lot line to the midpoint of the other side lot line. 8 (3)Area The area of accessory buildings in the rear yard is limited only by the total rear yard coverage of fifty percent (50%) and setbacks and separation distances as provided by this Ordinance. (4)Roof Slope For roof slopes in excess of nine to twelve (9:12), the extended (a) ridge concept shall apply. Roof slopes exceeding a fourteen to twelve (14:12) pitch (14 vertical, 12 horizontal) shall be considered a vertical building wall surface. In such case where a gable wall in excess of twelve feet six (b) inches (12’6") is authorized by this ordinance, a “hipped gable” which creates a secondary plate line will be permissible. (5)Garages, Carports and Other Detached Structures Detached garages, carports, or other detached structures shall (a) not be closer than six feet (6’) to the main building. This space of six feet (6’) shall not contain any stairs. Where an enclosed garage or carport is designed and (b) constructed to be entered directly from an alley or side street, such garage or carport shall be set back from the respective property line a minimum distance of twenty feet (20’) to facilitate access without interference with the use of the street or alley by 9 other vehicles or persons. Where the special design and layout of a garage or carport (c) provides a minimum of twenty feet (20’) of paved drive or apron between the alley or street line which permits a parked vehicle to clear the street right-of-way or alley right-of-way line, such design and layout may be approved by the Community Development Manager as meeting the provisions of this Section. Detached garages or carports shall be located only in the (d) portion of the yard defined as the rear half of the yard and detached garages and carports located in that portion of the yard defined as the front half of the yard shall be permitted only when a drive access to the rear half of the yard is unavailable. Temporary Construction Structures 1-108 Temporary buildings, offices, and building material storage areas to be used for construction purposes may be permitted for a specific period of time as accessory structures in accordance with a permit issued by the Community Development Manager and subject to periodic review by the Community Development Manager for cause shown. Upon completion or abandonment of construction or expiration of the permit, such field offices, buildings and stored materials shall be removed prior to issuance of a Certificate of Occupancy. 10 11 Accessory Buildings and Structures DEFINITION: means a subordinate, Accessory Building or Use, Residential detached building or structure in a residential district, used for a purpose customarily incidental to the main structure, such as a private garage for automobile storage, tool house, lath or greenhouse as a hobby (no business), home workshop, servants quarters, children’s playhouse, storage house, garden shelter or swimming pool, but not involving the conduct of a business, nor used as a dwelling area or place of abode except as noted under “Servants Quarters” as defined in this Section. Sec. 1.Accessory and Temporary Use Requirements General 1-100 Accessory buildings shall not be used for rental purposes or barter (1) exchange. Accessory buildings may be occupied only by immediate family (2) members and/or full-time domestic servant or servants. In case of a live-in servant family, all adult members must be employed by the owner/occupant of the property. Bathroom and other plumbing facilities are allowed. Kitchen, cooking (3) and food preparation facilities shall be allowed in accessory buildings designed or utilized for residential living and associated with a single- family use of the property. Upon submittal of an application for a building permit by the owners of the real property, the Community Development Manager or his designee, may issue a building permit to construct, remodel, or make addition to a residential accessory building with the kitchen, cooking or food preparation facilities, provided that a deed restriction instrument, executed by all owners of the real property and limiting the use of an accessory structure to immediate family members and/or full time domestic servant or servants, has been filed with the Administrator in the form required by the City and sufficiently executed that it may be recorded in the Deed Records of Dallas County, Texas. The accessory building shall not have separate utility meters. Any (4) telephones must be extensions from the main structure. It shall be unlawful to use any building located in a residential district (5) for business purposes, except for a home occupation as defined in . Error! Reference source not found. Air conditioning compressors, cooling towers, pool equipment and (6) similar accessory equipment shall be located behind the required front building line, and be a minimum of five feet (5’) from an adjacent side property line, and a minimum of three feet (3’) from the rear property line and installed at grade level. When such equipment is located in a side yard of a corner lot, adjacent to a side street, or in the front half of any lot, such equipment shall be screened from view by a fence, wall, or shrubbery. Private Tennis Courts 1-101 A private tennis court is an accessory structure permitted only by (1) specific use permit. A private tennis court shall not cover more than twenty percent (20%) of a residential building site or lot. Any private tennis court surface and/or appurtenances (other than (2) fences or walls) shall be set back a minimum of three feet (3’) from the rear property line and/or any easement. Swimming Pools 1-102 Swimming pools constructed on residential lots shall be: (1) Located in the rear half of the lot; (a) Constructed below ground at grade level; and (b) Constructed of concrete or other approved material that is inert, (c) nontoxic, and impervious to vermin and decay. Applications for permits must be supported by a plot plan (minimum (2) scale one inch equals twenty feet [1” = 20’]) showing the: Size and area of the pool; (a) Location of the pool on the lot; (b) Location and height of the fence enclosing the pool; (c) Location and size of all doors and gates granting access to the (d) pool area from the outside; Location and detail of all connections to sanitary and storm (e) sewers as described in subsections (6) and (7) below. Size and location of all other detached structures in the rear yard; (f) Parking space in the rear yard; (g) Location and size of any proposed structure, where applicable; (h) Location of filter equipment; (i) Routing and location of private and public electric and (j) telephone lines; and, Location of all underground utilities such as sanitary sewer, gas, (k) and water lines. Any door granting access to the swimming pool area from the outside (3) through any accessory or detached building or structure other than the main building shall not exceed forty-eight inches (48”) in width and shall also be equipped with self-closing mechanisms and with automatic self-fastening locks. All lights in the swimming pool area, except those in the pool itself, (4) shall be no higher than the fence surrounding such pool and shall be covered with a mushroom-type ornamental fixture which covers the light and reflects downward. Such pool shall be set back a minimum of five feet (5’), measured (5) from the inside walls of said pool, from each side line or from the rear line of said lot. (6)Drainage Such pool shall be equipped with proper filtration and water (a) treatment equipment to insure that the water will be pure at all times. This equipment shall be connected by an underground conduit to the sanitary sewer adjacent to such property and a proper indirect waste connection must be made as required by the plumbing ordinance. Any such equipment shall not be located in the required side yard of the main building. Deck drains or surface water shall not be discharged into the (b) sanitary sewer but must be diverted away from adjacent property into a storm drain either in the street or an alley. (7)Utilities No overhead electric power or telephone utility lines shall be (a) permitted to cross any portion of a swimming pool. All electrical service wires, either public service in the alley or (b) private service on the premises, must clear the pool proper by at least five feet (5’) horizontally and thirty feet (30’) vertically above the surface of the pool, so that there will be no possibility of broken wires falling into the pool. All wiring must comply with the National Electrical Code and (c) ground fault interrupter devices shall be installed in accordance with said code. For swimming pool enclosure standards, refer to Fences, Walls, and (8) Equipment Screening. Accessory Features Not Allowed in Residential Front Yards 1-103 In residential districts, trucks exceeding three-quarter (3/4) ton (1) capacity, campers, travel trailers, boats or recreation vehicles shall not be parked or stored on any abutting street or within the required front yard of any property, and travel trailers, campers or recreation vehicles shall not be used for dwelling purposes. No portion of a tennis court surface, fence, wall or other (2) appurtenance shall be located within the required front yard. Breezeways or Covered Walk 1-104 A breezeway or covered walk consisting of a one (1) story unenclosed passageway, not exceeding twelve feet (12’) in height or six feet (6’) in cross-sectional width (measured between supports) and having eaves or roof overhang not exceeding twenty-four inches (24”), may connect a main building with a detached structure (complying with all the requirements for a detached structure or accessory building), provided such structures are separated by a minimum distance of fifteen feet (15’). Enclosed Garage or Carport 1-105 No attached garage shall be located, designed, or constructed to face or open upon the front of any lot or tract in any district so that the opening or entrance to such garage or carport faces the front street. All garages, carports, or other vehicular storage structures shall be constructed in a manner as to be entered from the side building line of the garage or storage structure or the rear of the building line of such structure. Places of Worship 1-106 Off-street parking as an accessory use to a place of worship located in a residential district shall be permitted when such parking is located on the same lot, tract or site occupied by a worship-related structure on which building permits were issued. Accessory Buildings or Structures in SF Districts 1-107 (1)Location Attached accessory buildings shall observe the same setback (a) requirements as the main building. Detached accessory buildings or structures shall be located in (b) the area defined as the rear yard. (2)Yards (a)Side Yards Any detached accessory building or structure shall have a i. side yard not less than three feet (3’) from any interior side lot line from the closest point of the structure, provided that an accessory building or structure may be placed less than three feet (3’) from an interior side lot line at the closest point if the vertical wall and roof projections, if any, adjacent to such interior side lot line are constructed with a system having not less than a two-hour fire-resistant rating. No part of an accessory building or structure may be located closer than two feet (2’) to any interior side lot line. For accessory buildings adjacent to a side street, the side ii. yard shall comply with main structure requirements. Windows or other openings greater than twelve feet, six iii. inches (12’6”) above the top of the foundation or a vertical wall surface exceeding twelve feet, six inches (12’6”) shall not be adjacent to any side lot line unless such windows, openings, or vertical wall surfaces are set back a minimum of twenty feet (20’) from such interior side lot line. (b)Rear Yards An accessory building or structure not containing a garage i. shall have a rear setback of not less than three feet (3’), measured from the rear property line unless there is an opening facing the rear property line above the twelve feet six inches (12’6”) plate line. If said opening occurs, then there shall be a minimum setback of twelve feet, six inches (12’6”) from the rear property line. The main building, all accessory buildings and all other ii. structures in excess of thirty inches (30”) above ground level shall not cover more than fifty percent (50%) of that portion of the lot lying to the rear of the midpoint line of the lot, i.e., a line joining the midpoint of one side lot line to the midpoint of the other side lot line. (3)Area The area of accessory buildings in the rear yard is limited only by the total rear yard coverage of fifty percent (50%) and setbacks and separation distances as provided by this Ordinance. (4)Roof Slope For roof slopes in excess of nine to twelve (9:12), the extended (a) ridge concept shall apply. Roof slopes exceeding a fourteen to twelve (14:12) pitch (14 vertical, 12 horizontal) shall be considered a vertical building wall surface. In such case where a gable wall in excess of twelve feet six (b) inches (12’6") is authorized by this ordinance, a “hipped gable” which creates a secondary plate line will be permissible. (5)Garages, Carports and Other Detached Structures Detached garages, carports, or other detached structures shall (a) not be closer than six feet (6’) to the main building. This space of six feet (6’) shall not contain any stairs. Where an enclosed garage or carport is designed and (b) constructed to be entered directly from an alley or side street, such garage or carport shall be set back from the respective property line a minimum distance of twenty feet (20’) to facilitate access without interference with the use of the street or alley by other vehicles or persons. Where the special design and layout of a garage or carport (c) provides a minimum of twenty feet (20’) of paved drive or apron between the alley or street line which permits a parked vehicle to clear the street right-of-way or alley right-of-way line, such design and layout may be approved by the Community Development Manager as meeting the provisions of this Section. Detached garages or carports shall be located only in the (d) portion of the yard defined as the rear half of the yard and detached garages and carports located in that portion of the yard defined as the front half of the yard shall be permitted only when a drive access to the rear half of the yard is unavailable. Temporary Construction Structures 1-108 Temporary buildings, offices, and building material storage areas to be used for construction purposes may be permitted for a specific period of time as accessory structures in accordance with a permit issued by the Community Development Manager and subject to periodic review by the Community Development Manager for cause shown. Upon completion or abandonment of construction or expiration of the permit, such field offices, buildings and stored materials shall be removed prior to issuance of a Certificate of Occupancy. CITY OF UNIVERSITY PARK Accessory structures on single family lots without a main building What is an accessory building or structure? Accessory Building or Use, Residential means a subordinate, detached building or structure in a residential district, used for a purpose customarily incidental to the main structure, such as a private garage for automobile storage, tool house, lath or greenhouse as a hobby (no business), home workshop, servants quarters, children's playhouse, storage house, garden shelter or swimming pool, but not involving the conduct of a business, nor used as a dwelling area or place of abode except as noted under "Servants Quarters" as defined in this Section. Where should it be located? The main building, all accessory buildings and all other structures in excess of thirty inches (30") above ground level shall not cover more than fifty percent (50%) of that portion of the lot lvinq to the rear of the midpoint line of the lot, i.e., a line joining the midpoint of one side lot line to the midpoint of the other side lot line. ,)- ~~~ N-..... ~.... 9 l.;p oU_ UJZ in 0[ .m ::J ('- -C CI) ~ CU (.) o - CI) .c ~ -- - -::;;;]1 '.f .,." ...._: . ' r ~ t....- 'M:<<~.~ I ~ I , ~ I ~ ~!I- m.,J . -1::.. 'Ia 'll[C:I$I. ~. g I 5~ ~=~~. ...,. ~. !~... JjltJ ~c: i 5 1ft ~ ~ 21.." J : t---- J ~ ~___ J ~-~ ~ Ill:: ~~- t,I)~"' ~~.....w ~~~5 IJI O~ ~::J :z.... ~9 a.. lA! ~a rr; -c - ::s o J: tn CI) L- CI) J: ~ r -... or - ="=1 ~-- ...----,---:1 J iI- ~ I '""1::t~t1. I ~ 1 ~ J ~ ;'i; ~! h~ ~ ~ u ~ 5~ ..cIAo'=- ~ ~ ~ c: II CiI-tC ~ W~J;E r II L ~--- ~ :_~~ 4i .. - - - '5..., ;,.. ~ ~,ii~ ~ Clo:'l !..;I tt 3 'fJ t::; Z:!.. II:: -'a; !Ill :3 a.J C5.- . 'WL.I.....~ ~~i:::I What other cities do? buildin Istructure is allowed without a main buildin Highland Park - Temporary sports/rec. equipment allowed Piano Farmers Branch South lake Richardson arrollton h is is the case with most cities. ('-- tn CI) ~ tn tn -- CI) .t: ... CI) L- ea ... ea .t: ~ Summary of issues: Without a main building, detached accessory structures can be viewed from the street and adjacent properties, negatively impacting the neighborhood over time. Accessory structures and uses without a main building may result in NIMBYs. How about a parking lot next door in full view from the street? The Zoning Codes protect the health, safety and welfare for all residents. What are the risks? Lot dimensions for established SF districts are very rarely changed in any City. w Z <( ~ ~ l- (;0 3844 &3848 Bryn Mawr Drive 70' .. o "'l · R.. $7$4. ~$ .$ ""'-0 70 ..$ 70 70 .:.t I >, r ~ ~ r '\:i 26..~ :=~ I 9_ ~ I at 1 6. ~. ~ . "- ..... r-.. I .~ - i ... ... .'. . . 1DC1' 4'9. z.'2-. ~<<-o ToO ~ I 1f;..!J'-~ ",0 'L j '0 I ,. ~. to,: "l J5. "\ .... ~ .;..--~ ~_. ~ I (.. ~ ,~ j ,~~ I ~$......"" . c;..L-.... .. ..~ 'to -.\ . . ~ 22- -. 2 . "'!. Ir, . ... . . - t-. ...... J -. '7D.9_i; 8 c> .!I.5 -:,rc . ...-- 'I"J .... , I 't, ..., ...... "'-". 7 .2'.""i- ,4<Oi. 'iJJ I Z'':;' .. I I I 16. I ~\)! :../ i 7. - I "t at ..... 1 \, .... ~ .... t. '1'0 70 7 O. 70 ~_t: ~ .., 70 MAWR ~~.a 70 I Jt,.29:.,1 . - IJr' . ..;..~I - c -. . . r~,r;o', .... . TO . ~;gK2 r ...."':1 on. n Where do we go from here? Alternative # 1: Enforce the current zoning codes MAIN STRUCTURE ACCESSORY STRUCTURE ( 2 HOUR FIRE-RESISTANT WALL. IF LESS THAN 3' FROM Lor LINE BUT MAY Nor BE a.OSER THAN 2') -._._.._.._.._0._.._.._.._.._.._.._._.._____.._.._.._ '_.' i ... i . i ,/ -..-_. ACCESSORY REAR Y ARO (3' IF NO 2ND SrORY WlNDOW. 12'6" WITH WINDON) (3' IF NO 2ND SroRY WINDOW, 20' WITH WlNDO# MUST COMPLY WITH MAIN STRUCTURE IF ADJACENT TO STREET) .... ~ co :E c ~ III co ~ co M ~ CD (.) C CD -C -- tn CD .... tn ~ .... CD C. o o o ... c: G) E -c c: G) E <C G) (J c: ca c: -- -c I- o C) c: -- c: o N I- G) C. o o o z o - l- e:( C Z w :E :E o o w ~ So... CD · .I::. C ~ 0 :J+:i '+- CO So...-C Q C () CD <( E OE N 8 o CD ....., So... E-C CD C ....., co .~ ~ ~ .92 CD > ~ ~ . ~ AGENDA MEMO (10/03/2006 AGENDA) DATE: October 3, 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, Community Development Manager SUBJECT: Discuss and consider the installation of certain landscape features such as planter boxes in the City Right-of-ways. Background/Analysis: Alan Rich, property owner at 6700 Golf Drive, installed a planter box with stone edging in the public parkway in the front of his house. A resident in that neighborhood complained to staff on August 15, and the Rich family was contacted and asked to remove the planter box as it violates Chapter 7, Section 7.105 (b) of the City Code of Ordinances. The following applicable Sections have been excerpted from the Code of Ordinances: Sec. 7.104 Unlawful to Construct Buttresses, Steps, and Fences on Public Property No buttresses, steps, projections, retaining walls or fences shall be allowed to be constructed upon any public property used as a street or alley in the city. (Revised Code of Ordinances, 1981, Chapter 7, Section 1E) Sec. 7.105 Unlawful to Obstruct or Encumber Public Property (a) All streets, alleys, and sidewalks shall be at all times kept open to the public, free and clear of all obstruction and encumbrances of every kind, except when permitted by the city council. (b) It shall be unlawful for any person to obstruct or encumber any street, alley, sidewalk, park, or public place with any fence poles, wires, boxes, rubbish, or other obstructions or encumbrances whatever without the consent of the city council. Staff worked with the Rich family for about two weeks seeking voluntary compliance. A formal notice of violation was sent on August 30, 2006 requesting compliance within 10 days. Enforcement action was put on hold as Mr. Rich requested further consideration of Council. Recommendation: 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\building\CITY COUNCIL OCTOBER 3, 2006\Parkway Memo.doc 9:06 AM 09/28/06 If Council wishes to allow this and similar landscaping features in the public Right-of-ways, it is recommended that this item be forwarded to ZOAC for further review. Attachments: Pictures of Planter box installed at 6700 Golf. Pictures of similar landscape features in the public parkways 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\building\CITY COUNCIL OCTOBER 3, 2006\Parkway Memo.doc 9:06 AM 09/28/06 '+- o <.9 o o I'-- <D l+- e <.9 o o f'.. <.0 ~ +-" C/) L- CD .> C ::> ,...... ~ <0 C'? Q) .- c: ~ co I CO ~ c.o C'f) AGENDA MEMO (10/03/2006 AGENDA) DATE: September 28, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT : Secondary Entrance Marker Program BACKGROUND: In July 2006, staff presented City Council with three marker design concepts associated with the Secondary Entrance Marker Program. These markers will be used at entranceways into our community that due to size will not support large gateway signs and botanical plantings. During the July meeting, Council directed staff to develop project cost estimates and provide suggested locations for the two (2) preferred marker concepts. During the October 3, 2006 City Council meeting, staff will discuss marker concepts design, marker costs and the five (5) locations for the pilot marker program. RECOMMENDATION: Staff will be requesting City Council to provide direction on how to proceed with the project. ATTACHMENTS: Preferred Entrance Marker Design Concepts 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Secondary Entrance Marker.doc 12:58 PM 09/28/06 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Secondary Entrance Marker.doc 12:58 PM 09/28/06 AGENDA MEMO (10-03-06 AGENDA) DATE: September 28, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider proposal from C&P Engineering to develop 25 MPH Pilot Study. Background. Following the 09.05.06 Council meeting, staff solicited a proposal from C&P Engineering to provide engineering and data collection services associated with the Pilot Study regarding the residential speed limit. The study will address the area generally bounded by Lovers Lane, Hillcrest, Southwestern, and Boedeker (the “border” streets are NOT included in the study area). Mr. Cummings will have a third-party firm collect the initial speed data prior to st November 1, after which the 25 mph speed limit signs will be installed and enforcement should begin about the middle of the month. The consultant will collect follow up data during March of next year, and C&P will them compile the results and recommendations into a report for Council review. Discussion. Staff recommends that City Council approve the attached proposal from C&P Engineering in the amount of $7,900. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM Residential Speed Study CP 10 03 06.doc 10:30 AM 09/28/06 surveying engineering constructionmanagement trafficplanning MEMORANDUM DATE:September27,2006 TO:BudSmallwood,P.E. CityofUniversityPark FROM:DannieCummings,P.E. C&PEngineering,Ltd. RE: SpeedLimit25Study Proposal Atyourrequestwehavepreparedthisproposaltoconductaspeedlimitstudywithinthe northeasternportionoftheCity.Thestudywillfocusonthecollectionof?before?and?after? speeddatatodetermineiftheimplementationofa25mphresidentialspeedlimitwillresultina reductioninthespeedsofresidentialmotorists. Thisstudywillincludethecollectionofspeeddataat12locationswithinthestudyareaontwo differentoccasions:duringOctober2006beforetheimplementationofthe25mphspeedlimit signs;andduringApril2007sixmonthsaftertheimplementationofthe25mphspeedlimitsigns. Wewillperformananalysisofthe?before?and?after?datatodeterminetheimpactofthe residentialspeedlimitreduction.Areportwillbepreparedthatwillsummarizeanddocumentthe studypurpose,methodology,datacollections,analyses,findings,andrecommendations. Wehaveestimatedthecosttoconductthisstudytobe$7,900.Abreakdownofthosecostshas beenlistedbelow. OctoberDataCollections=$2,200.00 AprilDataCollections=$2,200.00 Study,Analyses,andReport=$3,500.00 TOTAL=$7,900.00 Ifyoushouldhaveanyquestionsregardingthistransmittal,donothesitatetocallme. AGENDA MEMO (10/03/06 AGENDA) DATE: September 28, 2006 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Consider Ordinance for Newsrack Regulations ITEM: In May, 2005, the City passed Ordinance 05/12 regulating the type and location of newsracks throughout Snider Plaza. Subsequently, the City installed modular newsracks in seven locations throughout Snider Plaza with a total of sixty-eight (68) individual locations available for publications. The pilot program for city owned newsracks defined the limits of the Snider Plaza retail district as any area south of Lovers, north of Daniel, west of Hillcrest, and east of Dickens. At the request of Council, staff has identified three areas outside the existing Snider Plaza retail district as candidates for modular newsrack installation. At the intersections of Hillcrest and McFarlin, Asbury, and Granada there are several independent newsracks that pose potential dangers to pedestrians and vehicular traffic, while also detracting from the overall aesthetics of the area. The proposed ordinance enables staff to proceed with the installation of modular newsracks along Hillcrest. Staff recommends installation of sixteen (16) units at the intersections of Hillcrest/Asbury and Hillcrest/McFarlin, plus the installation of ten (10) units at the intersection of Hillcrest/Granada. The proposed ordinance also prohibits the use of independent newsracks in the zoning district throughout Preston Center East. Lastly, the proposed ordinance revises language in the original ordinance to clarify the correct locations and number of modular newsracks within Snider Plaza. RECOMMENDATION: Staff recommends approval of the ordinance. ATTACHMENTS: Photographs of proposed locations Map of proposed locations 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\rcorder\Local Settings\Temporary Internet Files\OLK31\Newsracks Snider Plaza Expansion Ordinance.doc 10:34 AM 09/28/06 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK. TEXAS 75205 TELEPHONE (214) 363-1644 C:IDocuments and SettingslrcorderlLocal SettingslTemporary Internet FileslOLK3.1lNewsracks Snider Plaza Expansion Ordinance.doc 10:34 AM 09/28/06 3800 UNIVERSllY BOULEVARD UNIVERSllY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 'C:\Documents ;Jnd Settings\rcorder\Local Settings\Temporary Internet Files\OLK31\Newsracks Snider Plaza Expansion Ordinance.doc 10:34 AM 09/28/06 ïê Ë²·¬ Ù±ººù ïê Ë²·¬ éóïï ïð Þ¿²µ ±º Ë²·¬ Ì»¨¿ Ø±¬»´ Ô«³»² ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.1205 “LOCATION AND PLACEMENT OF NEWS RACKS”; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. Chapter 4, Section 4.1205 “Location and Placement of News Racks”, of the Code of Ordinances of the City of University Park is amended in part as follows: “Sec. 4.1205LOCATION AND PLACEMENT OF NEWS RACKS (a) Any news rack which rests in whole or in part upon, or on any portion of a public right-of-way or which projects onto, into, or over any part of a public right-of-way shall be located in accordance with the provisions of this Article: (1) … (4) No news racks shall be placed, installed, used or maintained: (A) … (J)At any location in Snider Plaza, between Hillcrest, Daniel, Dickens, and Lovers Lane, except City-owned news racks may be located as follows: (i)Ten (10) units on the north side of Westminster, between Snider Plaza and Hillcrest; (ii)Eight (8) units on the west side of Hillcrest, between Rankin and Westminster; (iii)Fourteen (14) units at the southeast corner of Snider Plaza and Rankin; (iv)Six (6) units at the southwest corner of Hillcrest and Milton; (v)Six (6) units at the northwest corner of Snider Plaza and Milton; (vi)Fourteen (14) units at the northwest corner of Snider Plaza and Daniel; and, 70210 (vii)Ten (10) units at the southwest corner of Snider Plaza and Rosedale. (K)At the intersections of Hillcrest and McFarlin, Hillcrest and Asbury, or Hillcrest and Granada, except city owned racks may be located as follows: (i)Sixteen (16) units the northwest corner of Hillcrest and McFarlin; (ii)Sixteen (16) units at the southwest corner of Hillcrest and Asbury; (iii) Ten (10) units at the southwest corner of Hillcrest and Granada. (L)In the Shopping Center District zoning district in Preston Center East. …” SECTION 2 . Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so declared to be unconstitutional, illegal or invalid. SECTION 3. That all ordinances in conflict with this ordinance or the Code of Ordinances as amended hereby are repealed. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance as amended hereby shall be deemed guilty of a misdemeanor, and subject to a penalty as provided for in this ordinance, and upon conviction shall be punished by fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such violation shall continue shall constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. 70210 DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of October 2006. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD; 9/25/06) 70210 70210 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.1205 “LOCATION AND PLACEMENT OF NEWS RACKS”; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of October 2006. APPROVED: ____________________________________ MAYOR ATTEST: ____________________________________ CITY SECRETARY 70210