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Home My WebLink AboutAgenda 10-24-06 Web A G E N D A #2625 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, OCTOBER 24, 2006 AT 5:00 P.M. 4:00-5:00 PM WORK SESSION FOR AGENDA REVIEW I. INVOCATION – Fire Chief David Ledbetter II. PLEDGE OF ALLEGIANCE – Fire Chief David Ledbetter/Boy Scouts III.INTRODUCTION OF COUNCIL – Mayor James H. Holmes, III IV.INTRODUCTION OF STAFF – City Manager Bob Livingston V.AWARDS AND RECOGNITION DEPARTMENT PINS: Fire Department Captain Max Raney, 15 years and Park Supervisor Brent Jones, 5 years for a total of 20 years of service to the City RECOGNITION: Police Department Officer Bill Mathis as new Sergeant VI. CONSENT AGENDA A.CONSIDER: Approval of City Council Meeting Minutes for September 26, October 3 and October 5, 2006 VII.MAIN AGENDA A.CONSIDER: Location for Germany Park Booster Pumping Station th B.DISCUSS: List of items raised at October 5 Public Hearing on increasing size of single family construction C.CONSIDER: Ordinance establishing 25mph speed limit on certain residential streets D.CONSIDER: Interlocal Agreement with The Town of Highland Park for School Resource Officer E.CONSIDER: Interlocal Agreement with The Town of Highland Park for D.A.R.E. Officer F.CONSIDER: Award of bid for HVAC Equipment for City Hall G.CONSIDER: Purchase of Bucket Truck and Grounds Maintenance Vehicle/Equipment for Park Department 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 B.EMPLOYEE BENFITS ADVISORY COMMITTEE C.FINANCE ADVISORY COMMITTEE D.PARK ADVISORY COMMITTEE Minutes for September 12, 2006 E.PLANNING & ZONING COMMISSION F.PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COMMITTEE G.PUBLIC SAFETY ADVISORY COMMITTEE H.PUBLIC WORKS ADVISORY COMMITTEE Minutes for April 26, 2006 I.URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE J.ZONING ORDINANCE ADVISORY COMMITTEE K.CAPITAL PROJECTS REVIEW COMMITTEE MINUTES #2622 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, SEPTEMBER 26, 2006, 5:00 P.M. Mayor Blackie Holmes opened the meeting. Present were Mayor Pro Tempore Harry Shawver, Councilmembers Syd Carter, Kelly Walker and Jerry Grable. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. AWARDS AND RECOGNITION RETIREMENT OF DR. GEORGE E. HURT, JR., CITY HEALTH OFFICER: Councilmember Shawver presented a retirement plaque to Dr. Hurt and thanked him for his 18 years of service. RETIREMENT OF COURT ADMINISTRATOR LINDA WILLIAMS: Finance Director Kent Austin presented a retirement plaque to Ms. Williams, and Councilmember Kelly presented a gift check to her from the city and thanked her for her 28 years of service. RECOGNITION OF CITY EMPLOYEES: Park Department employees Robert Ramon, Luis Alba and Alberto Villa were recognized by the police department for their assistance in catching th two car burglars. On July 20, they were working on Connerly Street trimming trees when they observed a female suspect trying to open doors of parked cars at the YMCA. Mr. Alba called the police and stayed on the line with the dispatcher until officers arrived. They were able to give the officers a description of not only the female suspect but her male accomplice and their vehicle as it left the area. Officers were able to stop the vehicle a few blocks away and arrest both suspects. Councilmember Walker moved approval of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER RESERVATION REQUEST FOR CURTIS PARK FROM WATERMARK CHURCH: Watermark Church will rent the park from 9:00 a.m.-2:00 p.m. for a church picnic on Sunday, October 8, with approximately 1,000 participants in attendance. CONSIDER AMENDMENT TO AND RENEWAL OF INTERLOCAL AGREEMENT WITH DALLAS COUNTY FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE DISPOSAL PROGRAM FY2007: City residents have used either quarterly, local events or the Home Chemical Collection Center to dispose of paint, herbicides and pesticides. The city makes an annual contribution of $25,000 to the program. This year’s renewal includes an amendment to the agreement reflecting changes in the effective term, fiscal year budget, and city responsibilities related to the time of payments. The changes are largely procedural and represent no change in the level, type or cost of the services provided. CONSIDER RESOLUTION FOR TEXAS TRAFFIC SAFETY PROGRAM GRANT PROJECT: STEP WAVE: The Police Department received a Texas Traffic Safety Grant for $9,730 to conduct overtime traffic enforcement focusing on specific traffic law violations during high volume holiday periods. The resolution enters into an agreement with the Texas Department of Transportation supporting the state’s efforts to increase safety belt usage and speed enforcement. RESOLUTION NO. 06-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING A GRANT AGREEMENT WITH THE STATE OF TEXAS FOR TRAFFIC ENFORCEMENT AND AUTHORIZING EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. CONSIDER RENEWAL OF MEMORANDUM OF UNDERSTANDING (MOU) FOR APPOINTMENT OF DALLAS COUNTY HEALTH DEPARTMENT AS LOCAL HEALTH AUTHORITY: A Memorandum of Understanding originally approved in January 2003 was renewed designating the Dallas County Health Department as the Local Health Authority in the event of an outbreak of communicable diseases whether they are from man-made sources, or an act of bio-terrorism. The Dallas County Health Department acts as the Local Health Authority for those Dallas County cities that do not have health departments. The MOU allows the Dallas County Health Department to provide control measures to stop the spread of communicable disease/diseases to the public. CONSIDER DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST BY CITY MANAGER: Mr. Livingston’s son, Chris Livingston, is an attorney with Lyon, Gorsky, Haring & Gilbert, L.L.P. The firm has represented University Park Police Officers in disciplinary actions that were appealed to the City Manager. The possibility exists that this might occur in the future, which Mr. Livingston believes could create a conflict of interest. He put forth the following steps to eliminate any conflict: (1) Place this disclosure in the public record of the city; (2) Direct the Human Resources Director to amend the city’s administrative order regarding appeal of disciplinary action to ask the Municipal Court Judge to appoint one of the alternate judges to hear the appeal instead of the city manager. The decision of the appointee, like the city manager, would be final; and (3) if a conflict does occur, Alternate Judge Kerr will hear the appeal. CONSIDER RESOLUTION SUPPORTING JOINT RECOMMENDATION FOR REGIONAL RAIL AS APPROVED BY DART, DCTA & THE “T” TO CREATE A FUNDING METHOD FOR AN AREA RAIL SYSTEM: The City of University Park was one of the original members of DART and has provided over $20 million dollars to support its operation through a contribution of a 1% local sales tax. Recently, considerable discussion has developed on a method to create an area-wide rail system. A major obstacle has been the fact that many area cities have not joined DART or another transit agency because they have already committed their additional 1% sales tax to other uses such as economic development, public safety or parks. The resolution supports allowing cities the alternative of passing an additional 1% sales tax for the purpose of funding transit needs. RESOLUTION NO. 06-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS ENDORSING THE “JOINT RECOMMENDATION FOR REGIONAL RAIL IN NORTH CENTRAL TEXAS” AS APPROVED BY THE BOARDS OF DALLAS AREA RAPID TRANSIT (DART), DENTON COUNTY TRANSPORTATION AUTHORITY (DCTA) AND THE FORT WORTH TRANSPORTATION AUTHORITY (THE T) THAT SUPPORTS THE CONCEPT OF LOCAL OPTION FUNDING OF PUBLIC TRANSIT IN THE REGION BY EXEMPTING AN AMOUNT EQUAL TO THE LOCALLY AUTHORIZED TRANSIT SALES TAX FROM THE 2% LOCAL SALES TAX CAP. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 5, 7, 14 & 19, 2006: All minutes were approved as presented except for September 19, 2006, which was amended to include the wording: “Councilmember Grable moved approval of the contract with Cutler and moved that staff be authorized to expend approximately $344,000 to pay for the cost of the asphalt.” MAIN AGENDA CONSIDER REQUEST BY ST. MICHAEL & ALL ANGELS EPISCOPAL CHURCH FOR TH 10 ANNUAL ANGEL RUN: The church’s request was to use the city streets to hold a one- mile Fun Run and a 5K Race on Saturday, October 28, to raise funds for several charitable organizations. The run will begin at 8:00 a.m. and end at approximately 11:00 a.m. for an estimated 500 runners. St. Michael’s will hire four off-duty University Park Police Officers to direct traffic throughout the route. Mayor Pro Tempore Shawver moved approval of the request. th Councilmember Grable seconded, and the vote was unanimous for approval of the 10 Annual Angel Run by St. Michael & All Angels Episcopal Church. CONSIDER REQUEST FOR SPECIAL EXCEPTION TO ALLOW 8’ WROUGHT IRON FENCE IN FRONT YARD: Gilbert J. and Patricia Besing, property owners at 6023 St. Andrews, installed an 8’ wrought iron fence in the front yard of their home. Staff informed the Besings they were in violation of city code and requested that they bring their property into compliance. The Besings applied to the Board of Adjustment for consideration of a variance, and the request was denied. The Besings also came before the city council to request an amendment of the zoning ordinance that would allow the fence to remain. Councilmember Carter recused himself due to the fact that his son-in-law was the attorney representing the Besings. Councilmember Grable moved that the request be denied. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to deny the request for a special exception. CONSIDER AGREEMENT WITH SOUTHERN METHODIST UNIVERSITY (SMU) REGARDING POSSIBLE SALE OF CERTAIN CITY-OWNED PROPERTY: Southern Methodist University requested the city consider the sale of Potomac Park immediately adjacent to the Park Cities Plaza Shopping Center. SMU will provide funding for the up front costs of appraisals and public referendum. Councilmember Carter moved approval of the agreement. Councilmember Grable seconded, and the vote was unanimous to approve an agreement for the possible sale of certain city-owned property. CONSIDER INTERLOCAL AGREEMENT WITH THE HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT FOR A SCHOOL RESOURCE OFFICER: The City of University Park, through its Police Department, entered into an interlocal agreement with the Highland Park Independent School District for the placement of a School Resource Officer (SRO) on the campus of Highland Park High School. The SRO’s presence on campus is for the increased safety and well-being of the students, staff and faculty. The SRO Program will also work to establish a good rapport between the police, students, parents, staff, faculty and administration. The program will also focus on student well-being and safety, primarily through anti-drug and alcohol abuse education programs. Councilmember Walker moved approval of the agreement. Councilmember Carter seconded, and the vote was unanimous to approve the agreement for a School Resource Officer at Highland Park High School. ITEMS FROM THE FLOOR At this time, Mayor Holmes invited Chris Murzin, 3236 Milton, to speak to the council. Mr. Murzin had his six-year-old handicapped son with him. The Murzins are new residents of University Park, and Mr. Murzin thanked the city and staff for the handicap accessible curbs to Snider Plaza, and special thanks went to Tammy Watson, Park Superintendent, who put in a swing for special needs children at Coffee Park. Mr. Murzin also requested the city consider more accommodations for special needs children and that the city continue to be inclusive of all citizens. Park Director Gerry Bradley will address those issues. Mayor Holmes thanked Mr. Murzin and his son for coming before the council and bringing those needs to the city’s attention. CONSIDER REQUEST FROM HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT (HPISD) FOR JOINT USE AGREEMENT AMENDMENTS REGARDING TRACK IN GERMANY PARK: A letter from Cathy Bryce, HPISD School Superintendent, requested consideration of amending the existing 1991 Joint Use Agreement involving Germany Park. On August 22, 2006, the council approved a 90-day extension of the project to evaluate the requests. The request for amendments to the 1991 Joint Use Agreement included: the city’s payment for the resurfacing of the track; HPISD’s use of track lanes 1-4 and the field from 3:00-6:00 p.m. from the first day of school through January 14; and, HPISD’s use of track lanes 1-6 and the field from 3:00-6:00 p.m. from January 15 through May 15. Those opposed to the request were: Nancy Wood, 4444 Windsor Parkway; Mort Newman, 6725 Golf; Beth Blankenship, 3333 Rankin; Robert Johnson, 4444 Windsor Parkway; Lon Houseman, 4436 Larchmont. Mayor Holmes moved that a new agreement be drafted and returned to the council after more discussion with the school. Councilmember Carter seconded, and the vote was unanimous to draft a new agreement. CONSIDER PROPOSALS FOR GERMANY PARK TRACK CONSTRUCTION: The proposals are associated with improvements to the Germany Park track facility. The track is to be completed by January 10, 2007. Two options were presented by Texas Sports Builders. Councilmember Walker moved approval of Option 1. Councilmember Carter seconded, and the vote was unanimous to approve Option 1 for $310,997. CONSIDER INTERLOCAL AGREEMENT WITH THE HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT FOR USE OF EACH OTHER’S FACILITIES: The interlocal agreement between the city and the school district will allow utilization of each organization’s facilities at reduced rates or waived fees. Mayor Pro Tempore Shawver moved approval of the agreement. Councilmember Carter seconded, and the vote was unanimous to approve the use of each others’ facilities at reduced rates or waived fees. PUBLIC HEARING TO CONSIDER SITE LOCATION FOR GERMANY PARK BOOSTER nd PUMPING STATION: City Council took action at their August 22 meeting to continue the th public hearing until September 26 regarding the location of the proposed booster pumping station in Germany Park. The feedback from the last meeting suggested that there would be considerable negative neighborhood comment if the facility were to be placed in the southwest corner of the park. To that end, staff worked with the engineering consultant to propose a revised location on the southwest corner of the Park City Municipal Utility District’s (PC MUD) property immediately south of the existing booster pumping station. Mayor Holmes opened the public hearing. Those in opposition were: Tad McIntosh, 4508 Stanhope; Marian Martin, 5215 Lomo Alto; Nancy Wood, 4444 Windsor Parkway; Peggy Bell, 6334 Lomo Alto. Mayor Holmes closed the public hearing. Mayor Holmes moved the item be brought back to the council after additional consideration and a study on the traffic patterns and parking. CONSIDER ORDINANCE REVISION OF RESIDENT PARKING DISTRICT: Since the enactment of the Resident Parking District, the 6600 Block of Westchester has been designated for use by the high school for volunteer parking. However, due to recent construction of a new apartment complex that now faces Westchester, the owner of the property requested the ordinance be amended to include the 6600 block of Westchester (east side of the street from Emerson to the alley south of the parking garage) in the Resident Parking District. Mayor Holmes moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to approve the revision to the ordinance for the Resident Parking District. ORDINANCE NO. 06/25 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 10.1213 TO ADD A RESIDENT- PARKING-ONLY ZONE IN THE 6600 BLOCK OF WESTCHESTER; 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 FOR AN EFFECTIVE DATE. CONSIDER CONCEPT PLAN REVIEW OF BARBARA HITZELBERGER PARK: A design contract has been awarded to Talley Associates for the landscape development of Barbara Hitzelberger Park. Mr. Coy Talley presented his design concepts to the city council. Former Mayor Barbara Hitzelberger was introduced and thanked the council for the honor bestowed upon her by the creation of the park. Mayor Holmes moved approval of the concept plan and moving forward to the next phase of the park. Councilmember Walker seconded, and the vote was unanimous to approve the concept plan of Barbara Hitzelberger Park and also of moving forward to the next design phase. CONSIDER SECONDARY ENTRANCE MARKER PROGRAM: This item was moved to the rd October 3 city council meeting. CONSIDER AWARD OF BID FOR WINDOWS FOR CITY HALL PROJECT: Most of the nd bids for the city hall project were approved by the city council at the August 22 meeting. The architect and representatives of Gallagher Construction Services asked for additional time to gather additional information about the two bids received for windows. Mr. Von Gallagher reviewed the situation with both bidders. Staff was prepared to recommend the low bid of Pella Windows at $199,808; however, their bid did not meet all of terms of the specifications. Mayor Holmes moved that all bids be rejected and the windows re-bid. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to re-bid the windows for the city hall project. DISCUSS CITY COUNCIL MEETING DATES AND TIMES: It was decided that the meeting to hear the TXU Transmission Line Report will be held on Monday, November 13 at 7:00 p.m. in the council chambers. CONSIDER BUDGET AMENDMENT FY2005-2006 BUDGET: The amendment will increase authorized expenditures in the General Fund by $1,026,200 and increase budgeted expenditures in the Utilities Fund by $55,000. Mayor Holmes moved approval of the amendment. Councilmember Walker seconded, and the vote was unanimous to approve the budget amendment FY2005-2006 Budget. ORDINANCE NO. 06/26 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2005- 2006 FISCAL YEAR BUDGET, ORDINANCE NO. 05/31, TO APPROPRIATE $1,026,200 FROM THE GENERAL FUND UNRESERVED FUND BALANCE TO INCREASE EXPENDITURES AND $55,000 FROM THE UTILITY FUND UNRESERVED FUND BALANCE TO INCREASE EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ADOPTION OF FY2007 BUDGET: The City Council held three public hearings on the proposed tax rate and budget (August 22, September 7, and September 14), and staff published the required notices in the local newspaper, Cable TV access channel, and City Web site. After the City Manager’s proposed budget was presented to the city council on August 1, 2006, staff made three changes to the proposed FY2007 budget. These changes, totaling $240,000, were directed by the city council after recommendations from the city’s advisory committees. The changes include: increasing the police department budget approximately $80,000 to include a School Resource Officer for Highland Park High School; increasing the park department budget approximately $70,000 to begin reconstruction of the track at Germany Park; and increasing health insurance accounts for operating departments $90,000 to cover rising health care costs. These changes pushed the proposed tax rate from an initial $0.28772 to $0.29272 per $100 taxable value. Mayor Holmes moved approval of the adoption of the FY2007 Budget. Councilmember Grable seconded, and the vote was unanimous to approve the adoption of the Budget FY2007. ORDINANCE NO. 06/27 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. There being no further business, Mayor Holmes adjourned the meeting. PASSED AND APPROVED this 24th day of October 2006. James H. Holmes, III, Mayor ATTEST: _________________________ Nina Wilson, City Secretary MINUTES #2623 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, OCTOBER 3, 2006, 5:00 P.M. Mayor Blackie Holmes opened the meeting. Present were Mayor Pro Tempore Harry Shawver, Councilmembers Syd Carter, Kelly Walker and Jerry Grable. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. AWARDS AND RECOGNITION RECOGNITION OF ACHIEVEMENT OF EXCELLENCE IN PROCUREMENT AWARD: Finance Director Kent Austin presented the award to Purchasing Agent Christine Green and Administrative Secretary Sandy Perkins. This is the sixth consecutive year the city has received the award and is only one of 42 cities to do so. Councilmember Walker moved approval of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER PURCHASE OF NEW RUBBER TIRE LOADER FOR STREETS DIVISION: The rubber tire loader backhoe will be used at the 2525 University Boulevard lot. The vendor is RDO Equipment for a total cost of $122,865.08 for a John Deere 544J. CONSIDER PURCHASE OF NEW SKID-STEER LOADER FOR PARKS, STREETS AND UTILITIES DIVISION: The vendor for the purchase of a Mustang Skid Loader is Holt-Cat for a total cost of $33,754. CONSIDER REQUEST TO USE CITY STREETS FOR LIGHT THE NIGHT WALK FOR LEUKEMIA AND LYMPHOMA SOCIETY OF NORTH TEXAS: The two-mile walk will be Sunday, October 29 from 7:00-9:00 p.m. for 3,000-4,000 participants. Five off-duty police officers will direct traffic throughout the route. CONSIDER ORDINANCE ADOPTING 2006 PROPERTY TAX RATE OF 29.272 CENTS PER $100 TAXABLE VALUE: Council approved the FY2007 budget ordinance, the 2006 tax rate ordinance, and the FY2007 salary plan ordinance. 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. ORDINANCE NO. 06/28 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. CONSIDER ORDINANCE ADOPTING FY2007 SALARY PLAN: ORDINANCE NO. 06/29 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. MAIN AGENDA DISCUSS ACCESSORY BUILDINGS AND STRUCTURES ON SINGLE FAMILY LOTS WITHOUT A MAIN BUILDING: Chris and Susan Cooper purchased a vacant single family lot at 3844 Bryn Mawr adjacent to their current residence, 3848 Bryn Mawr, and contacted the city staff with a request to install a fence and 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 Coopers were reluctant to combine the lots as they wanted to preserve their right to sell the other lot at any time in the future and were concerned that the zoning ordinance might change in the future to prohibit the subdivision of the combined lot. They requested 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, such a written guarantee cannot be th given. ZOAC considered the item on September 26 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 of the violation and that compliance with the ordinance will be required whenever they file application for a building permit. Barry Knight, attorney representing the Coopers, passed out a site plan with landscaping and suggested that another alternative the council might consider would be to officially approve a site plan and therefore control the process. Kate & William Cooper, children of the Coopers, spoke in favor of the plan. Mayor Pro Tempore Shawver moved to deny the request. Councilmember Carter seconded, and the vote was unanimous to deny the request for an accessory structure on a single family lot without a main building. DISCUSS INSTALLATION OF CERTAIN LANDSCAPE FEATURES SUCH AS PLANTER BOXES IN CITY RIGHT-OF-WAYS: 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. 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. 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 from the city council. After hearing from Mr. Rich, Mayor Pro Tempore Shawver moved that the item be forwarded to ZOAC for further review. Councilmember Grable seconded, and the vote was unanimous to forward the item. CONSIDER SECONDARY ENTRANCE MARKER PROGRAM: These markers will be used at entranceways into our community that will not support large gateway signs and botanical plantings. Council discussed the options and their desire was to use the base of Example A, the logo and letters of Example B enlarging the logo and letters, removing the line separating the letters and put UNIVERSITY PARK on all four sides of the marker. CONSIDER PROPOSAL FROM C&P ENGINEERING TO DEVELOP 25MPH PILOT STUDY: The proposal will 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 st data prior to November 1; afterwhich, the 25mph 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 compile the results and recommendations into a report for Council review. Mayor Holmes moved approval of the proposal. Councilmember Grable seconded, and the vote was unanimous to approve the proposal to develop the 25mph pilot study. CONSIDER ORDINANCE FOR NEWSRACK REGULATIONS: Three areas outside of Snider Plaza have been identified as candidates for modular newsrack installation. The ordinance enables staff to proceed with the installation of modular newsracks along Hillcrest. Also, the installation of 16 units at the intersections of Hillcrest/Asbury and Hillcrest/McFarlin plus installation of 10 units at Hillcrest/Granada. The ordinance prohibits the use of independent newsracks in the zoning district throughout Preston Center East and revises language in the original ordinance to clarify the correct locations and number of modular newsracks within Snider Plaza. Councilmember Grable moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to approve the ordinance for newsrack regulations. ORDINANCE NO. 06/30 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. There being no further business, Mayor Holmes adjourned the meeting. PASSED AND APPROVED this 24th day of October 2006. James H. Holmes, III, Mayor ATTEST: _________________________ Nina Wilson, City Secretary MINUTES #2624 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS THURSDAY, OCTOBER 5, 2006, 7:00 P.M. Mayor Blackie Holmes opened the meeting. Present were Mayor Pro Tempore Harry Shawver, Councilmembers Syd Carter, Kelly Walker and Jerry Grable. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. MAIN AGENDA PUBLIC HEARING REGARDING SIZE OF HOMES ON RESIDENTIAL LOTS: On September 20, 2005, the city council received a report from staff evaluating the current building coverage in single-family zoning districts. Another report was received and discussed on October 20, 2005, providing various alternatives for regulating the “Too-Big House”. Council forwarded one of the items relating to tree preservation to the Park Advisory Committee and two items relating to building setbacks and the size of homes on lots less than 60’ in width to the Zoning Ordinance Advisory Committee (ZOAC) for further review and recommendation. The park committee is currently finalizing a tree protection ordinance which will address the issue of tree removal and mitigation in all zoning districts in the city. The city council approved an ordinance last April amending sideyard setbacks for single family lots 60’ wide and greater after receiving recommendations from ZOAC and the Planning and Zoning Commission. Some residents continue to express concerns about the size of single-family construction and the impacts on existing neighborhoods. The purpose of the public hearing was to provide a forum for builders, realtors, and residents to publicly address the city council on this issue. Community Development Manager Harry Persaud made a PowerPoint presentation that is available on the City Web site, www.uptexas.org. Mayor Holmes opened the public hearing. Lee Roever, President of the Park Cities Historic & Preservation Society, spoke in favor of a change via a task force. Mike Solari, architect and resident of 3117 Purdue, was neither opposed nor in favor, but felt that creative architecture was needed. Gage Pritchard, home builder and resident of 3809 Southwestern, stated that buyers drive the size of homes. Ordinances in the city are restrictive enough now. John Sullivan, 3525 Southwestern, was also opposed to further restrictions on size and suggested consideration be given to the symptoms, such as removal of trees and noise. Cindy Abbate, 3616 Marquette, spoke in opposition to large homes that leave no impermeable surface and contribute to flooding. She was also concerned about fire safety with houses so close together. She also suggested front entry driveways for all houses and not building more than one house per block at a time. Harry Hoover, architect and resident of 3518 University, was opposed to large houses. He stated good rules and good oversight were needed and suggested the city return to the 1985 zoning rules. Kitty Richie Holleman, 3939 Marquette, was opposed to large houses because the city has lost the little town feel and houses needed more sideyards and backyards. Gloria Wise, 3444 University, feels the problem is density. Douglas Hitzmann, 4349 San Carlos, was concerned about the overcrowding of the streets presenting safety problems. Mort Newman, 6725 Golf, made a PowerPoint presentation. His concern was the small sideyards and the quality of the building and appearance of the city. Mr. & Mrs. Frank Riddick, 3224 Centenary, felt further restrictions were needed. Mr. & Mrs. J. M. Mims, 3705 Marquette, were concerned about the quality of life in the city, construction trucks crowding the streets and inspectors whom he felt favored builders. John Lehman, 4017 Greenbrier, felt that rear entry garages should be eliminated as well as large houses. Rusty Goff, builder and resident of 3552 Milton, stated that the city is very restrictive, more so than other cities and that builders want to work with everyone to better the process. Brenk Johnson, 3620 Wentwood, stated that large houses were being torn down, and he would like to have a consensus from neighbors as to whether they should be torn down. Jennifer Culbertson, 4116 Stanford, felt that builders were disregarding neighbors, lots were being raised too much, there was no variety, and nature was being disturbed. Jenny James, 3625 Marquette, felt more restrictions were needed on height as well as side and rear setbacks and square footage. Harris Bloch, 4333 Lovers Lane, felt more restrictions were needed on side setbacks. Meredith Roever, 4141 Stanhope, felt that very specific regulations were needed for 5,000-7,000 SF homes. Jack Patton, 4009 Marquette, would like to require builders to clean up trash. Carolyn Loy, 4057 Bryn Mawr, felt people should have the freedom to build the type and size of house desired. As there was no further discussion, Mayor Holmes closed the public hearing. He thanked everyone for coming and said that the council had heard the requests of the community regarding larger sideyard set backs, additional limitations on house height, staggering building permits to reduce activity on individual blocks, allowing front-entry garages, requiring architect approval of site plans before construction, limit construction vehicles that can park on the street, cleaner construction work sites and more stringent inspection of building sites. He also stated that the council will now go forward and do what’s good for the community. There being no further business, Mayor Holmes adjourned the meeting. PASSED AND APPROVED this 24th day of October 2006. James H. Holmes, III, Mayor ATTEST: Nina Wilson, City Secretary AGENDA MEMO (10-24-06 AGENDA) DATE: October 19, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Continue discussion and consider site location for Germany Park booster pumping station. Background. The City Council took action at their 09.26.06 meeting to direct staff to provide additional information regarding the location of the proposed booster pumping station in Germany Park. Pursuant to the public comments received at the meeting, the proposed building has been moved about ten feet north (which places it approximately thirty feet north of the alley) and twenty feet to the east (which provides a code- compliant drive on the Roland side of the building). Roland Street access to the parking lot is available, and in response to the concerns about lack of parking, we propose to increase the existing parking lot by 34 spaces. The remaining green space will provide a landscape buffer between the booster pumping station and the adjacent residences. A copy of the site plan for the proposed location is attached. Discussion. Staff recommends that City Council affirm the location of the booster pumping station at the southwest corner of the MUD property as detailed in the attached drawing. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM Booster Pumping Station 10 24 06 (4).doc 2:00 PM 10/19/06 S:\bob\1498.dgn 10/16/2006 4:14:10 PM AGENDA MEMO (10/24/2006 AGENDA) DATE: October 24, 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager th SUBJECT: Discuss a list of items raised at the October 5 Public Hearing and provide directions to staff. Background/Analysis: On October 5, 2006, City Council held a public hearing and received a report from staff and comments from builders and residents regarding the increasing size of single family construction in the City. The following is a list of items which were raised by builders, architects and residents who spoke at the hearing: 1. Staggering permits for lots on the same street 2. Parking on streets by trucks 3. Height of houses 4. Architect seal 5. No rear entry garages 6. Larger side yard set back 7. Complaints about inspectors 8. Clean up lots 9. Check 4041 Lovers Lane Recommendation: 1. Council may refer some of these items to ZOAC for further review and recommendation. 2. Alternatively, Council may direct staff to prepare an ordinance for consideration and adoption on specific items such as the building site issue. Attachments: Power point slides 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\building\CITY COUNCIL OCTOBER 24,2006\Memo.doc 9:03 AM 10/19/06 AGENDA MEMO (10-24-06 AGENDA) DATE: October 18, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider Ordinance ___ establishing a temporary 25 mph speed limit on certain residential streets. Background. The City’s traffic consultant has completed the background speed studies along the streets generally bounded by Lovers Lane, Boedeker, Southwestern, and Hillcrest. The attached ordinance will establish a 25 mph speed limit along the following streets: STREET FROM TO Amherst Hillcrest Boedeker Stanford Hillcrest Boedeker Purdue Hillcrest Boedeker Hanover Hillcrest Boedeker Bryn Mawr Hillcrest Boedeker Airline Lovers Lane Southwestern Durham Lovers Lane Southwestern Dublin Amherst Boedeker During the test period (11.01.06 through 04.30.07), the Police Department will enforce the lowered speed limit. The consultant will perform a second speed study in April, and will compile a report which the City Council can use as a basis on the decision whether to make the 25 mph speed limit permanent for all residential streets in the City. Discussion. Staff recommends City Council approval of the attached ordinance. 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 ORD 10 24 06.doc 11:42 AM 10/18/06 ORDINANCE NO. __________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ARTICLE 10.1000 BY ALTERING THE MAXIMUM LAWFUL PRIMA FACIE SPEED LIMIT TO 25 MPH ON: AMHERST, STANFORD, PURDUE, HANOVER, AND BRYN MAWR BETWEEN THE POINTS OF THEIR INTERSECTIONS WITH HILLCREST AND BOEDEKER; AIRLINE AND DURHAM BETWEEN THE POINTS OF THEIR INTERSECTIONS WITH LOVERS LANE AND SOUTHWESTERN; AND, DUBLIN BETWEEN THE POINTS OF ITS INTERSECTIONS WITH AMHERST AND BOEDEKER; 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. WHEREAS , the City Council has determined that the 30 mph speed limit on the within named streets is greater than is reasonable or safe under the conditions found to exist thereon; and WHEREAS , it is necessary to enact this ordinance to establish a speed limit that is reasonable and safe under the conditions; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Article 10.1000 of the Code of Ordinances, City of University Park, is amended by renumbering subsections (7) and (8) and adding a new subsection (9) to read as follows: ARTICLE 10.1000 SPEED LIMITS (a)… … (7) fifteen (15) miles per hour on Park Street from University Blvd., south to McFarlin Blvd.; (8) twenty-five (25) miles per hour on: (i) Amherst from Hillcrest to Boedeker; (ii) Stanford from Hillcrest to Boedeker; (iii) Purdue from Hillcrest to Boedeker; 16529 (iv) Hanover from Hillcrest to Boedeker; (v) Bryn Mawr from Hillcrest to Boedeker: (vi) Airline from Lovers Lane to southwestern; (vii) Durham from Lovers Lane to Southwestern; (viii) Dublin from Amherst to Boedeker; and (9) thirty (30) miles per hour on all other streets within the City not otherwise specified. …” SECTION 2. That the Director of Public Works or his designee is authorized and directed to erect and maintain such signs as may be necessary to give notice of the speed limits adopted hereby. Such signs shall be erected in the form and manner required by Chapter 10 of the Code of Ordinances of the City of University Park. When the Director has erected and installed such signs, he shall file a report with the City Secretary and Chief of Police stating the types of signs, locations, and when such signs were installed. SECTION 3 . All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars ($200.00) for each offense. 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 16529 the validity of this ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 6 . This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law in such cases provides, provided however, that the speed limits established hereby shall have no force or effect until official traffic control devices shall have been erected as provided herein and by the requirements of Chapter 10 of the Code of Ordinances. th DULY PASSED by the City Council of the City of University Park, Texas, on the 24 day of October 2006. APPROVED: _________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: _______________________________ _________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/10-18-06) 16529 ORDINANCE NO. __________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ARTICLE 10.1000 BY ALTERING THE MAXIMUM LAWFUL PRIMA FACIE SPEED LIMIT TO 25 MPH ON: AMHERST, STANFORD, PURDUE, HANOVER, AND BRYN MAWR BETWEEN THE POINTS OF THEIR INTERSECTIONS WITH HILLCREST AND BOEDEKER; AIRLINE AND DURHAM BETWEEN THE POINTS OF THEIR INTERSECTIONS WITH LOVERS LANE AND SOUTHWESTERN; AND, DUBLIN BETWEEN THE POINTS OF ITS INTERSECTIONS WITH AMHERST AND BOEDEKER; 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. th DULY PASSED by the City Council of the City of University Park, Texas, on the 24 day of October 2006. APPROVED: _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY 16529 AGENDA MEMO (10/24/2006 AGENDA) DATE: October 10, 2006 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Interlocal Cooperation Agreement for School Resource Officer Background/Analysis In an effort to provide for the well being of students and faculty of the Highland Park High School, as well as to provide for continued education on the abuse of drugs and alcohol, and in an effort to establish a good rapport between students, faculty, parents, and the University Park Police Department, the City of University Park, the Town of Highland Park and the Highland Park Independent School District have reached an agreement for the placement of a full time School Resource Officer in the Highland Park High School. Said officer will be a sworn police officer of the University Park Police Department. Further, said officer will work directly for the University Park Police Department and under the Police Department’s policies and procedures. The salary and benefits of said officer will be shared by the City of University Park and the Town of Highland Park, with the City of University Park providing for 75% of such cost and the Town of Highland Park providing for 25% of such cost. The City of University Park will advance and pay all such costs as they accrue and the Town of Highland Park will reimburse the City of University Park for its 25% share upon receipt of a statement from the city as outlined in the Interlocal Agreement. Said costs for the school year to begin in January of 2007 and ending with the current school year. Recommendation Staff recommends the City of University Park enter into an Interlocal Agreement with the Town of Highland Park in order to provide a School Resource Officer for Highland Park Independent School District High School. Attachments: Interlocal Agreement provided by Rob Dillard III, City Attorney 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO Interlocal Agreement for SRO 101006.doc 9:52 AM 10/10/06 THE STATE OF TEXAS § § COUNTY OF DALLAS § INTERLOCAL COOPERATION AGREEMENT FOR JOINT PROVISION OF POLICE SERVICES THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into on this th 24 day of October 2006, by and between the City of University Park, Texas (hereinafter referred to as “CITY”), acting by and through its Mayor or his designee, and the Town of Highland Park, Texas (hereinafter referred to as “TOWN”), and acting by and through its Mayor or his designee. WITNESSETH: WHEREAS , the Texas State Legislature has authorized the use of interlocal cooperation agreements between and among governmental entities for the provision of governmental services and functions; and WHEREAS , this Interlocal Cooperation Agreement is made under the authority granted by and pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, and as otherwise provided herein, relative to the joint authorization by CITY and TOWN to provide certain police services. WHEREAS , the governing bodies find that the performance of this agreement is in the common public interest of both parties, and that the services provided pursuant hereto benefit the citizens of the CITY and the TOWN; and WHEREAS , the parties, in expending funds in the performance of the governmental functions or in performing such governmental functions under this Agreement, shall make payments therefore only from current revenues legally available to such party; NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements contained herein, the parties hereto do hereby agree as follows: I AGREEMENT A. The CITY and TOWN agree, under the terms and conditions provided herein, and with consent of the Highland Park Independent School District, to share the cost of provision of the police personnel, salary and benefits, equipment and supplies, necessary for implementation of the School Resource Officer (SRO) program at the Highland Park High School for the period of the school semester beginning in January, 2007. 70520 B. The CITY will employ and furnish an appropriately trained and experienced police officer of its Department for the SRO position during the term hereof. The total estimated cost for provision of the program during the term of this Agreement is $___________. The parties agree that the CITY will pay 75% of such cost and the TOWN will pay 25% of such cost for the term hereof. The CITY will advance and pay all such costs as they accrue and the TOWN will reimburse the CITY for its 25 % share upon receipt of a statement from the CITY therefor, which statement will be rendered on or before June 30 and payable in full on or before August 15, 2007. II GENERAL REQUIREMENTS APPLICABLE TO TOWN AND CITY The following subparagraphs shall apply to this Agreement: A. (1) IMMUNITY: Nothing in this Agreement shall be construed to affect, alter, or modify the sovereign immunity of either party under the Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly understood and agreed that in the execution of this Agreement, neither CITY nor TOWN waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of its governmental powers and functions. (2) INSURANCE: During the term of this Agreement, and any extensions thereof, CITY agrees to obtain and maintain, as part of the cost of providing the services described herein, general liability insurance naming TOWN as an additional insured to protect against potential claims arising out of the CITY’s provision of the service. The CITY shall furnish TOWN with a certificate of insurance in accordance with this paragraph within sixty (60) days from the date of execution of this Agreement. Nothing contained herein shall be construed to grant any third party rights or waive the governmental and/or public purpose of the provision of the police service described in this Agreement. TOWN may also have its own insurance, at its own expense, for any liability for such services, if it so chooses. B. THIRD PARTIES: This Agreement does not create any third-party beneficiaries. Nothing in this Agreement shall be construed to create, expand or form a basis for liability to any third party under any theory of law against either the CITY or TOWN unless such a basis exists independent of this Agreement under State or federal law. C. NOTICE: Each notice or other communication which may be or is required to be given under this Agreement shall be in writing and shall be deemed to have been properly given when delivered personally during the normal business hours of the party to whom such communication is directed, or upon receipt when sent by United States registered or certified mail, return receipt requested, postage prepaid, to the appropriate one of the following addresses as may be designated by the appropriate party; however, each party 70520 has a right to designate a different address by giving the other party fifteen (15) days prior written notice of such designation: If to TOWN: Mayor Town of Highland Park If to CITY: Mayor City of University Park C.MANAGEMENT AUTHORITY During the term of this Agreement, and any extensions thereof, CITY agrees to provide adequate supervision and training of the police officer assigned to be the SRO. The CITY shall perform and exercise all rights, duties and functions and services in compliance with all applicable Federal, State and local laws and regulations. E. CLAIMS AGAINST PARTIES: Each party shall be responsible for defending and/or disposing of all causes arising against the respective party as a result of this program. It is expressly understood and agreed that in the execution of this contract, neither CITY nor TOWN waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. F. TERM: The term of this Agreement shall be for the school semester commencing on the first day of the Spring school term, 2007. G. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. H. SEVERABILITY: In case any one (1) or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalidity, illegality or unenforceable provision had never been contain herein. I. AUTHORITY: The undersigned officers and/or agents are authorized to execute this contract on behalf of the parties hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 70520 III TERMINATION Either party, or the Highland Park Independent School District, may terminate this Agreement with or without cause, by giving prior written notice of the date of termination to the other party, as provided herein. IV REMEDIES No right or remedy granted or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. V APPLICABLE LAW This Agreement is governed by the laws of the State of Texas and venue of any action brought to enforce the terms hereof shall lie exclusively in Dallas County, Texas. VI RECITALS The recitals to this Agreement are incorporated herein for all purposes. VII EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. Duplicate originals executed by the parties to be effective on the date first written above. ATTEST: CITY OF UNIVERSITY PARK, TEXAS By: ____________________________________ By: ________________________________ City Secretary James H. Holmes III, Mayor 70520 APPROVED AS TO FORM: _______________________________________ City Attorney ATTEST: TOWN OF HIGHLAND PARK, TEXAS By: ____________________________________ By: ________________________________ Town Secretary Bill White, Mayor APPROVED AS TO FORM: _______________________________________ Town Attorney THE STATE OF TEXAS § § City Acknowledgment COUNTY OF DALLAS § BEFORE ME , the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared James H. Holmes, III known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the City of University Park, a municipal corporation of Dallas County, Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. th GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 24 day of October 2006. 06/01/07 My Commission Expires: Notary Public In and For The State of Texas Nina Underwood Wilson Notary’s Printed Name 70520 THE STATE OF TEXAS § § Town Acknowledgment COUNTY OF DALLAS § BEFORE ME , the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Bill White known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the Town of Highland, a municipal corporation of Dallas County, Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ________ day of ____________ 2006. ____________________________ ____________________________ My Commission Expires: Notary Public In and For The State of Texas ____________________________ Notary’s Printed Name 70520 AGENDA MEMO (10/24/2006 AGENDA) DATE: October 10, 2006 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Interlocal Cooperation Agreement for D.A.R.E. Officer Background/Analysis Under the terms and conditions of the current Interlocal Cooperation Agreement for Joint Provision of a D.A.R.E. officer in the Highland Park Independent School District between the City of University Park and The Town of Highland Park, both parties are to review the agreement annually for renewal. Further, as there have been salary increases for the position of D.A.R.E. officer, it is necessary to review and approve a new agreement. Under the agreement, the salary and benefits for the D.A.R.E. officer are shared by the City of University Park and the Town of Highland Park, with the City of University Park providing for 75% of such cost and the Town of Highland Park providing for 25% of such cost. The City Of University Park will advance and pay all such costs as they accrue and the Town of Highland Park will reimburse the City of University park for its 25% share upon receipt of a statement from the city as outlined in the Interlocal Agreement. Recommendation Staff recommends the City of University Park enter into an Interlocal Agreement with the Town of Highland Park in order to continue to provide a D.A.R.E. Officer for Highland Park Independent School District Middle School. Attachments: Interlocal Agreement provided by Rob Dillard III, City Attorney 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO Dare 2006 101006.doc 9:53 AM 10/10/06 THE STATE OF TEXAS § § COUNTY OF DALLAS § INTERLOCAL COOPERATION AGREEMENT FOR JOINT PROVISION OF POLICE SERVICES THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into on this th 24 day of October 2006, by and between the City of University Park, Texas (hereinafter referred to as “CITY”), acting by and through its Mayor or his designee, and the Town of Highland Park, Texas (hereinafter referred to as “TOWN”), and acting by and through its Mayor or his designee. WITNESSETH: WHEREAS , the Texas State Legislature has authorized the use of interlocal cooperation agreements between and among governmental entities for the provision of governmental services and functions; and WHEREAS , this Interlocal Cooperation Agreement is made under the authority granted by and pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, and as otherwise provided herein, relative to the joint authorization by CITY and TOWN to provide certain police services. WHEREAS , the governing bodies find that the performance of this agreement is in the common public interest of both parties, and that the services provided pursuant hereto benefit the citizens of the CITY and the TOWN; and WHEREAS , the parties, in expending funds in the performance of the governmental functions or in performing such governmental functions under this Agreement, shall make payments therefore only from current revenues legally available to such party; NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements contained herein, the parties hereto do hereby agree as follows: I AGREEMENT A. The CITY and TOWN agree, under the terms and conditions provided herein, and with consent of the Highland Park Independent School District, to share the cost of provision of the police personnel, salary and benefits, equipment and supplies, necessary for presentation of the Drug Abuse Resistance Education (D.A.R.E.) program at the Highland Park Intermediate School/McCulloch Middle School for the 2006-2007 school year. 70494 B. The CITY will employ and furnish an appropriately trained and experienced police officer of its Department to conduct the D.A.R.E. program during the term hereof. The total estimated cost for provision of the program during the term of the 2006-2007 school year is $84,710.00. The parties agree that the CITY will pay 75% of such cost and the TOWN will pay 25% of such cost for the term hereof. The CITY will advance and pay all such costs as they accrue and the TOWN will reimburse the CITY for its 25 % share upon receipt of a statement from the CITY therefor, which statement will be rendered on or before June 30 and payable in full on or before August 15, 2007. II GENERAL REQUIREMENTS APPLICABLE TO TOWN AND CITY The following subparagraphs shall apply to this Agreement: A. (1) IMMUNITY: Nothing in this Agreement shall be construed to affect, alter, or modify the sovereign immunity of either party under the Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly understood and agreed that in the execution of this Agreement, neither CITY nor TOWN waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of its governmental powers and functions. (2) INSURANCE: During the term of this Agreement, and any extensions thereof, CITY agrees to obtain and maintain, as part of the cost of providing the services described herein, general liability insurance naming TOWN as an additional insured to protect against potential claims arising out of the CITY’s provision of the service. The CITY shall furnish TOWN with a certificate of insurance in accordance with this paragraph within sixty (60) days from the date of execution of this Agreement. Nothing contained herein shall be construed to grant any third party rights or waive the governmental and/or public purpose of the provision of the police service described in this Agreement. TOWN may also have its own insurance, at its own expense, for any liability for such services, if it so chooses. B. THIRD PARTIES: This Agreement does not create any third-party beneficiaries. Nothing in this Agreement shall be construed to create, expand or form a basis for liability to any third party under any theory of law against either the CITY or TOWN unless such a basis exists independent of this Agreement under State or federal law. C. NOTICE: Each notice or other communication which may be or is required to be given under this Agreement shall be in writing and shall be deemed to have been properly given when delivered personally during the normal business hours of the party to whom such communication is directed, or upon receipt when sent by United States registered or certified mail, return receipt requested, postage prepaid, to the appropriate one of the following addresses as may be designated by the appropriate party; however, each party 70494 has a right to designate a different address by giving the other party fifteen (15) days prior written notice of such designation: If to TOWN: Mayor Town of Highland Park If to CITY: Mayor City of University Park C.MANAGEMENT AUTHORITY During the term of this Agreement, and any extensions thereof, CITY agrees to provide adequate supervision and training of the police officer assigned to provide the DARE program. The CITY shall perform and exercise all rights, duties and functions and services in compliance with all applicable Federal, State and local laws and regulations. E. CLAIMS AGAINST PARTIES: Each party shall be responsible for defending and/or disposing of all causes arising against the respective party as a result of this program. It is expressly understood and agreed that in the execution of this contract, neither CITY nor TOWN waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. F. TERM: The term of this Agreement shall be for the 2006-2007 school year commencing on the first day of the Fall school term, 2006. G. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. H. SEVERABILITY: In case any one (1) or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalidity, illegality or unenforceable provision had never been contain herein. I. AUTHORITY: The undersigned officers and/or agents are authorized to execute this contract on behalf of the parties hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 70494 III TERMINATION Either party, or the Highland Park Independent School District, may terminate this Agreement with or without cause, by giving prior written notice of the date of termination to the other party, as provided herein. IV REMEDIES No right or remedy granted or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. V APPLICABLE LAW This Agreement is governed by the laws of the State of Texas and venue of any action brought to enforce the terms hereof shall lie exclusively in Dallas County, Texas. VI RECITALS The recitals to this Agreement are incorporated herein for all purposes. VII EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. Duplicate originals executed by the parties to be effective on the date first written above. ATTEST: CITY OF UNIVERSITY PARK, TEXAS By: ____________________________________ By: ________________________________ City Secretary James H. Holmes III, Mayor 70494 APPROVED AS TO FORM: _______________________________________ City Attorney ATTEST: TOWN OF HIGHLAND PARK, TEXAS By: ____________________________________ By: ________________________________ Town Secretary Bill White, Mayor APPROVED AS TO FORM: _______________________________________ Town Attorney THE STATE OF TEXAS § § City Acknowledgment COUNTY OF DALLAS § BEFORE ME , the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared James H. Holmes, III known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the City of University Park, a municipal corporation of Dallas County, Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. th GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 24 day of October 2006. 06/01/07 My Commission Expires: Notary Public In and For The State of Texas Nina Underwood Wilson Notary’s Printed Name 70494 THE STATE OF TEXAS § § Town Acknowledgment COUNTY OF DALLAS § BEFORE ME , the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Bill White known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the Town of Highland, a municipal corporation of Dallas County, Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ________ day of ____________ 2006. ____________________________ ____________________________ My Commission Expires: Notary Public In and For The State of Texas ____________________________ Notary’s Printed Name 70494 AGENDA MEMO (10-24-06 AGENDA) DATE: October 19, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider proposal from Trane to provide HVAC equipment for the City Hall project. Background. Following discussion with the City Hall Oversight Committee, staff was directed to discuss the proposal with Trane and determine the lowest cost of the equipment. Additionally, we were asked to determine the “breakout cost” for one chiller, on the theory that we might purchase one new chiller and use the existing unit. Finally, the salvage value of the existing chiller was to be determined. ? The proposal from Trane (through the purchasing authority) is $369,795 ? The breakout cost for one 80-ton chiller is $35,489 ? The salvage value for the existing is $8,000 ? Because the old chiller operates on 208 volts (the new chillers at 460 volts), a step-down transformer would be required to utilize the old chiller. The cost of the transformer is about $5,000 and installation and wiring would add another $5,000 to 8,000, or a total conversion of $10,000 to $13,000 (for an older unit that will operate at about 60% to 70% as efficient as a new chiller). ? The delta (direct cost savings) in utilizing the existing 10-year old chiller would be about $16,989. Sub-committee members Olin Lane and John Walsh concur with staff in recommending that the City NOT use the existing chiller. Discussion. Staff recommends acceptance of the proposal from Trane in the amount of $369,795. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM City Hall Trane HVAC 10 24 06 (2).doc 1:42 PM 10/19/06 AGENDA MEMO (10/24/06 AGENDA) DATE: October 19, 2006 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: BuyBoard Purchase of Bucket Truck and Grounds Maintenance Vehicle/Equipment Following are memos from Jim Gau, Fleet Manager, and Gerry Bradley, Parks Director, requesting the purchase of a new forestry bucket truck for the Parks Department. The truck is available through a contract with the Texas Local Government Statewide Purchasing Cooperative (BuyBoard). Masters International Trucks, Inc. in Arlington, is the vendor. All bid requirements for the truck have been met by BuyBoard. The total price for the truck is $134,063.00. Also following is a memo from Gerry Bradley requesting the purchase of a grounds maintenance utility vehicle with attachments for the Parks Department. The vehicle and attachments are also available on a BuyBoard contract through Professional Turf Products located at DFW Airport, Texas. The total price for the vehicle with attachments is $45,960.84. RECOMMENDATION: Staff recommends purchasing the bucket truck ($134,063.00) and grounds maintenance vehicle ($45,960.84) through the BuyBoard. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City of University Park 4420 Worcola Dallas, Texas 75206 Equipment Services October 19, 2006 Gerry Bradley, Parks Director Kent Austin, Finance Director Christine Green, Purchasing Agent Attached please find the BuyBoard Quote from Masters International to supply a new Bucket truck for our Parks Department. This unit will replace the 1989 Ford F-800 bucket truck which has been in service for seventeen years. The new truck will be a 2007 International 7400 with a Terex XT-52 boom and bucket apparatus. This unit is being purchased with new cutting attachments and some much needed upgrades to the storage compartments. The total purchase price for this unit and equipment is $ 134,063.00 Please review the following specifications and sign the attached requisition for purchase if you are satisfied with them. Please call me if you have any questions. Once all required signatures have been received, please place on the next available council agenda for consideration of purchase. Sincerely, Jim Gau Jr. Fleet Manager AGENDA MEMO (10/24/2006 AGENDA) DATE: October 2, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT : Equipment Replacement – Forestry Bucket Truck BACKGROUND: City staff is requesting the purchase of a new bucket truck to replace current equipment which as been in service for 17 years. The new equipment will allow the Parks department to continue to maintain tree canopies in our Parks System and public R.O.W., provide emergency assistance to the public after inclement weather and provide support for expanding holiday decoration programs. The new truck will be a 2007 International which has been modified to meet the needs of the City. The Buy Board price for this truck is $134,063.00. RECOMMENDATION: Staff is requesting City Council approve the purchase and replacement of the 17 year bucket truck. 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\Bucket Truck Gerry Bradley.doc 1:31 PM 10/19/06 AGENDA MEMO (10/24/2006 AGENDA) DATE: October 2, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT : Equipment Purchase – Small Utility Vehicle BACKGROUND: City staff is requesting the purchase of a new small utility vehicle (Toro Workman) which will include attachments to support pesticide applications, fertilizer applications, a turf top dresser and athletic field preparation and field grooming system. This single unit will replace unit #1776 Kubota Tractor, Unit #1711 Lely spreader, #1792 Turfco top dresser, #1704 FMC sprayer and Unit #1763 chemical sprayer. Once the new utility vehicle is purchased, all the above mentioned equipment will be placed on auction. The BUY Board price for the equipment and attachment is $45,960.84 from Professional Turf Products. RECOMMENDATION: Staff is requesting City Council approve the purchase of the Small Utility Vehicle which will replace five (5) existing pieces of equipment currently carried on the Parks Department’s equipment inventory. ATTACHMENTS: None 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Toro Workman.doc 1:33 PM 10/19/06 PARK ADVISORY BOARD MEETING MINUTES September 12, 2006 The Park Advisory Board of the City of University Park met on Tuesday, September 12, 2006 at 4:00pm at City Hall, 3800 University Blvd., University Park, Texas. The following are the minutes of that meeting. Committee Members Attending: William Pardoe - Chairman Jerry Grable - Council Liaison Liz Farley Mac Fuller Carol Seay Jacky Spears Jeff Turpin Alan Wasserman Staff Members Attending: James "Blackie" Holmes - Mayor Gerry Bradley - Parks Director Amber Lively - Administrative Secretary Absent & Excused: Julia Baltser Bruce Collins Darrell Lane Stan Tucker Both Coy Talley and John Thompson of Talley Associates were in attendance at the meeting to go over the concept drawings for Barbara Hitzelberger Park. Call to Order The meeting was called to order by Mr. Pardoe. Approval of Minutes Mr. Pardoe asked for any comments on or changes to the August meeting minutes. There being no changes, Mr. Wasserman moved to approve the minutes. The motion was seconded by Mrs. Spears and approved unanimously by the Board. Reports 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK. TEXAS 75205 TELEPHONE (214) 363-1644 1. Barbara Hitzelberqer Park - Concept Drawinqs Mr. Talley was present at the July meeting of the Park Board to gain some insight as to what the Board was looking for in the design of Barbara Hitzelberger Park. With the Board's direction, Mr. Talley has developed three concept drawings for the two park areas. Mr. Talley began by emphasizing that these are merely concepts that are a starting point for the design. By showing the concepts, Mr. Talley hopes to gain more feedback from the Board regarding the design for the parks. Current images were shown of the two locations. Mr. Talley explained that the main goal of the three concepts was to soften the residential area that surrounds the parks. On all three concepts, a more natural border between the park and the surrounding homes was created using trees and landscape instead of a brick or stone wall. Concept "A" is a very simple, symmetrical plan which would create a more visual area for passing traffic and pedestrians. This plan includes a water feature with bubbling fountains in front of a stone monument wall. Concept "B" uses several rows of trees towards the back of the park and a lawn panel that goes down to the front of the lot. A walkway under the trees would allow for smaller sculptures to be installed and creates a more intimate area. Perennial beds are situated along Hillcrest and there is no water feature for this concept. This plan would also be symmetrical on both sides of Hillcrest. Concept "C" has a different layout for each corner. The north west corner would feature a magnolia screen of trees, a water wall that runs the length of the park, stone bollards, and a lawn area with benches. The north east corner would be designed to be more of a garden path with a sitting area, walkway and landscaping. After finishing his presentation of the concepts, Board members discussed various items and concerns regarding the different designs. Most board members seemed to favor Concept "C" but did have concerns about the water feature and safety issues with it being so close to the sidewalk. Mr. Talley suggested that the Board think about a slot fountain where there would be no actual pool of water on the surface of the park. He also mentioned that the water feature could be moved back from the sidewalk. Other items discussed by the Board included the placement of the park name, visibility issues, lighting, and budgeting for the project. After member discussion, Mr. Pardoe asked that Staff and Mr. Talley continue to work on the concepts addressing the issues that the Board was concerned about and to refine the idea. When these steps are complete the issue of budgeting for the project can be discussed. 2. Tennis Reservation Policy 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Staff has recently received a complaint regarding the current tennis reservation policy. The resident who has complained feels that a better policy should be developed that would not allow individuals to block courts for unreasonable amounts of time. Staff is bringing this item to the Board to help determine if a revision should be done to the existing reservation policy. The City's current tennis reservation policy allows University Park residents with a tennis pass to call in and make reservations for the courts. Reservations can be made for up to two (2) hours and can be made as early as fourteen (14) days in advance. Reservations are made by calling the automated tennis line or by contacting the Parks office during business hours. The policy could be revised by limiting residents to only one of the two courts at each park, controlling the number of hours a player can reserve each day, and only allowing reservations to be made seven days in advance. After some discussion, it was decided by the board that since there has been no other complaints against the system; no changes should be made to the existing policy. Work in Progress Mr. Bradley included a brief outline of current projects being completed by the Parks Department. This information was included in the agenda packet mailed to Board 'members. Adjournment There being no further business of the Park Board, the meeting was adjourned by Mr. Pardoe. The nerst meeting of the Park Board is scheduled for Tuesday, October 1 yth. \ " \ \ - )0, ___1..-ItCQU..\-, ~ ~____ {a ,I /-. ~ cb William Pardde, Chairman Date Park Advisory Board 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 PUBLIC WORKS ADVISORY COMMITTEE MEETING MINUTES April 26, 2006 Committee Members Present: Chairman Thomas Stewart, John Walsh, Randy Hagens, Paul Pulliam, Michael Collins and Michael Moore. Committee Members Absent: John Ferris and Amanda Davidson Council Members Present: Harry Shawver. Staff Present: Director of Public Works Bud Smallwood, City Engineer Bob Whaling, Civil Engineer Jennifer Shell, Assistant Director of Public Works Director Jacob Speer, Assistant to the Director of Public Works Robbie Corder, and City Manager Bob Livingston. Bud Smallwood began the meeting by introducing the staff and the agenda items. Agenda Item No.1: Inset Parking Mr. Smallwood provided an overview of the inset parking issue. In the late 1980's, the Urban Design and Development Advisory Board recommended a phase out approach to the use of inset parking. Existing inset parking could be maintained; however, no new inset parking would be allowed. Staff has interpreted the City Code to allow for maintenance of inset parking, but not to allow new or reconstruction of deteriorating inset parking. A resident recently brought the issue back to the attention of City Council, and staff has asked the Urban Design and Development Advisory Board and the Public Works Advisory Boarclto reconsider the inset parking issue. Specifically, the resident is concerned about the area near Snider Plaza off of Rosedale and Hursey. The resident believes that with the removal of inset parking, the street becomes too crowded and narrow for traffic to flow safely. Mr. Smallwood showed the committee various pictures of inset parking in this area, and the dangers associated with traffic flow. In addition, the allowance of inset parking takes away parkway along streets. Mr. Pulliam indicated that it seemed like we are trying to cut down on traffic anyway, and inset parking would only widen the travel lanes, allowing for more traffic. Mr. Moore asked who has constructed the inset parking. Mr. Smallwood indicated that the homeowners were responsible. ZOO~ XHVd J..LISH3AINll 66t'S LR6 HZ XV.>! 6t':H llH.L 90/61/01 Mr. Collins noted that if two trucks were parked on a residential street directly opposite from one another, it is very difficult for any vehicle to travel safely. In addition, situations with trucks or cars parked on either side of street can reduce the reaction time of drivers if kids dart in the street. Mr. Hagens staled that the most disturbing aspect is the mixture of inset parking on streets that also do not contain inset parking. Mr. Walsh statcd that it seemed there are two situations. The first involving inset parking in single family areas, and the second in multi-family or commercial areas like Snider Plaza. He indicated that the City should consider studying the use of inset parking in multi-family or commercial areas, but not allow inset parking in single family areas. Specifically, Snider Plaza is underparked relative to market norms in commercial developments. Mr. Walsh recommends waiting for Snider Plaza Master Plan before making any recommendations regarding the use of inset parking. Mr. Smallwood asked if that recommendation extended to single family areas. Mr. Walsh said lhat he favored keeping the inset parking requirements in single family areas at status quo; however, looking at inset parking requirements in multi-family and commercial areas like Snider Plaza should be incorporated into the Snider Plaza Master Plan. Mr. Smallwood asked if the group had consensus with Mr. Walsh's recommendation and to have Townsciipe look at the inset parking issuc in the Snider Plaza Master Plan. The committee agreed with this recommendation. Agenda Item No.2: Approval of Meeting Minutes (10/13/05) John Walsh moved for approval and Michael Collins seconded. Motion passed unani mOllsl y. Agenda Item No.3: Five Year Capital Plan Mr. Smallwood provided a brief overview of the public works projects scheduled for the next five years. Specifically noting the mile per year projects, curb & gutter, and in-place asphalt recycling program. Mr. Walsh requcsted an overview of the McFarlin bridge project. Mr. Smallwood indicated that the City Hall architect did not know the fire engine bays were within the 100 year floodplain for City Hall. The McFarlin bridge improvements would esscntially lower the 100 year floodplain for the enginc bays. Mr. Whaling indicated that staff is currently working on modeling studies to determine the best solution. Initial modeling shows that the engine bays can be taken out of the 100 f:00~ )lHVd X.LISH3AINil sstS LRS tT6 XVd St:tT ilH.L 90/S1/01 year floodplain, but McFarlin and University will always remain in the 100 year floodplain if nothing is done to the McElvaney Dam. The McFarlin bridge essentially serves as a weir, and keeps water levels at the existing height. Models show that if you remove the weir from McFarlin bridge, but the Mcelvaney dam remains downstream, the 100 year floodplain can only be lowered minimally. The static water level in Williams Pond would be lowered by approximately three and one half feet (3.5'), but McFarlin and University would still be flooded by a 100 year flood event. To lower the floodplain and ensure McFarlin and University are not affected by the 100 year flood, the McElvaney Dam must be removed. Mr. Walsh asked if this was a project for 2007. Mr. Srnalhvoocl indicated thnt design work is currently underway. However, staff will probably have to apply for a new 404 permit from the Army Corps of Engineers. If a new permit is required, considerable time will need to be added to the project. Mr. Walsh asked if the City "vould have to raise taxes to complete all projects on the five year capital plan. Mr. Livingston indicated that the City has been successful in saving reserves and essentially reverse bonding for large capital projects. This strategy allows the City to pay for projects as they are completed without issuing bonds. In addition, the City will receive new sales tax revenue from a study completed by the Finance Department that redirects sales t.IX dollars that were inColTectly being directed to the City of Dallas. Therefore, taxes will not need to be raised to meet this capital plan. Mr. Smallwood updated the Committee on the battery back up and video detection units currently being installed at signalized intersections. Mr. Speer noted that battery backups have been installed at 26 of the City's 33 signalized intersections. Video detection will be installed at all 33 signalized intersections, and that is approximately 75<ft, complete. Mr. Walsh asked if there were NCTCOG protocol for pedestrian countdowns and solid don't walk in l'el.llIon to the signal when it switches from green to yellow. Mr. Walsh noted that in Addisoll the pedestrian countdowns differed from those in University Park. Mr. Speer indicated that he wasn't aware of any protocol, but the City would research. Mr. Specr pointed out that the City has purchased approximately 80 countdown style pedestrian moniturs, and the Traffic Division is installing them when they have to perform signallnaintenance. Randy Hagens .Isked about the tennis court lighting at city Parks. He noted it didn't look like funding was in place for additional tennis courts. vOO~ )lHVd XJ..ISH3:AINl1 66VS LS6 vTZ XVd OS:vT l1HJ.. 90/61/01 Mr. Livingston indicated that the Parks Director, GetTY Bradley, did have this on his list for Smith and Germany. :However, at the time this five year plan was created Parks had not submitted updated capital projects over a five year period. Mr. Moore asked about the Booster Pump Station, and Mr. Smallwood noted that the design contract has been awarded to Alan Plummer & Associates after staff approved of the professional liability requirements. A~enda Item NO.4: Capital Projects Update Mr. Whaling staled thm the City currently has three projects underway. On the 3600 block of Stanford, the City's curb & gutter contractor is completing work this week. The City also has a contractor working on water and sanitary sewer along Turtle Creek from Lovers to Vassar. This contractor is approximately 25% complete, but this is a slow project because of the depth of the sanitary sewer at this location. The box culvert at City Hall is sti II underway, with the footings almost ready for the last section. The contractor has Llsed approximately 65% of the days allowed in the contract, and the City has spent approximately 73% of the cash for the contract. Mr. Smallwood indicated that sl~\ff would bring a change order to Council for the load transfer beams. Mr. Whaling indicated that the Stanhope/Shenandoah alley, from the 4100 thru 4300 blocks, mile per year project would go to bid i1l1l1id May, with an approximate start date sometime in July. Meeting Adjourned. Thomas H. Stewart, Chair Public Works Advisory Committee 900~ )lMVd X.LISMHAINil 66 v 9 L g 6 HZ XV tl 0 9 : H ilH.L 9 0 / 6 1/ 0 T