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Agenda 11-14-06 City Council, Regular Meeting.
A G E N D A #2628 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK CITY HALL COUNCIL CHAMBERS TUESDAY, NOVEMBER 14, 2006 AT 5:00 P.M. 4:00-5:00 PM WORK SESSION FOR AGENDA REVIEW I. INVOCATION – Director of Information Services Jim Criswell II. PLEDGE OF ALLEGIANCE – Director of Information Services /Boy Scouts III.INTRODUCTION OF COUNCIL – Mayor James H. Holmes, III IV.INTRODUCTION OF STAFF – City Manager Bob Livingston V. CONSENT AGENDA A.PROCLAMATION: Arbor Day November 17, 2006 – Bradley, Page 4 B.UPDATE: Third Quarter Strategic Goals – Smith, Page 6 C.CONSIDER: Resolution Supporting Disclosure of Real Estate Sales Prices – Livingston, Page 12 D.CONSIDER: Right-Of-Way License Agreement, 3716 Colgate – Corder, Page 14 E.CONSIDER: Right-Of-Way License Agreement, 4041 Grassmere – Corder, Page 23 F.CONSIDER: Purchase of Tahoes for Police Department – Green, Page 31 G.CONSIDER: Proposals for Processing of Recyclable Materials – Speer, Page 33 H.CONSIDER: Approval of City Council Meeting Minutes for October 24, 2006 – Wilson, Page 36 VI.MAIN AGENDA A.CONSIDER: Coffee Park Master Plan Design – Bradley, Page 40 B.CONSIDER: Ordinance Amending FY2007 Budget – Austin, Page 42 C.DISCUSS: Actions Recommended by TXU Transmission Line Steering Committee for 138 kV Transmission Line – Corder, Page 50 D.DISCUSS AND CONSIDER: Site Location for Germany Park Booster Pumping Station – Smallwood, Page 53 E.CONSIDER: Funding Opportunity for Potential Special Needs Playground – Livingston, Page 55 F.CONSIDER: Possible Modification of City Sidewalk Repair Policy – Livingston, Page 57 G.CONSIDER: Proposal for Traffic Engineering Services to Perform a Traffic Impact Analysis for the Area Surrounding Chase Bank – Smallwood, Page 58 H.CONSIDER: Ordinance Approving Increase of Re-Inspection Fees – Persaud, Page 66 I.CONSIDER: Resolution Amending Master Fee Schedule to Include Increased Re- Inspection Fees – Persaud, Page 71 J.CONSIDER: Proposal Bids for Construction of Dispatch/Police Facilities at Peek Service Center – Smallwood, Page 73 K.CONSIDER: Award of Bids for Windows for City Hall Renovation Project – Smallwood, Page 77 L.CONSIDER: Award of Bids for Asbestos Abatement for City Hall Renovation Project – Smallwood, Page 80 M.CONSIDER: Purchase of Newsracks – Corder, Page 83 N.CONSIDER: Request by T-Mobile to Locate Cellular Equipment at Fondren Water Tower Site – Speer, Page 87 VII.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 were made when that item was 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. VIII. INFORMATION AGENDA , Page 105 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 October 17, 2006 E.PLANNING & ZONING COMMISSION F.PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COMMITTEE G.PUBLIC SAFETY ADVISORY COMMITTEE H.PUBLIC WORKS ADVISORY COMMITTEE I.URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE J.ZONING ORDINANCE ADVISORY COMMITTEE K.CAPITAL PROJECTS REVIEW COMMITTEE AGENDA MEMO (11/14/2006 AGENDA) DATE: November 7, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Arbor Day Observance Proclamation BACKGROUND: As part of the City of University Park’s recertification application as a Tree City USA City, a proclamation sign by the Mayor, must be approved each year designating a specific date for an Arbor Day observance. In 2006, the date for an Arbor Day observance is Friday, November 17. The Arbor Day observance will be held at Curtis Park which will include a tree planting event supported by students from U.P. Elementary. RECOMMENDATION: Staff is requesting City Council approve the proclamation supporting the establishment of Friday, November 17, 2006 as Arbor Day within the City of University Park. ATTACHMENTS: 2006 - Arbor Day Proclamation 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Arbor Day Proclamation – 11-14-06 AGENDA MEMO (11/14/06 AGENDA) DATE: November 14, 2006 TO: Honorable Mayor and City Council FROM: Kate Smith, Assistant to the City Manager SUBJECT: Third Quarter Strategic Goal Update On December 14, 2004 the City Council adopted 6 strategic goals and objectives. Upon adoption of the goals, a responsibility chart was created to track the progress of goal and objective achievement. Attached is the third quarter update for 2006. The responsibility chart includes information to date regarding staff that has primary and secondary responsibility for goal accomplishment, status, timeline and comments. An updated version of this chart will be presented again to Council next quarter. Below is a brief overview of the goal objectives. For more detail on each, see attached chart. Objectives Completed Objective 3.1 – Develop a plan to recognize model citizens in our community. Objective 4.3 – Install attractive uniform signs in each park that give park history, regulations, and hours. Objective 5.2 – Evaluate the need for a specific position on City staff to manage website and cable channel content, handle media contacts, community relations, and produce publications. Objective 6.1 – Consider citywide program for sidewalk maintenance. Objectives In Progress/Ongoing Objective 1.1 – Develop traffic and parking improvements. Objective 1.2 – Communicate traffic realities. Objective 2.2 – Develop a Master Plan for Snider Plaza and Miracle Mile areas. Objective 3.2 – Develop a New Resident Orientation program. Objective 4.1 – Identify initiatives based on recommendations from the Park Advisory Committee. Objective 4.2 – Develop a unified design and standards for entrances to the City. Objective 5.1 – Assess the effectiveness of current communication methods and make recommendations for improvements. Objective 6.2 – Conduct study of improving restrooms in the parks. Objective 6.3 – Implement customer service/work order system (3-1-1 project). 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Objectives Not Started Objective 2.1 – Study feasibility of undergrounding Lovers Lane in Miracle Mile. ATTACHMENTS: 2006 Third Quarter Strategic Goals Responsibility Chart 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 AGENDA MEMO (11/14/06 AGENDA) DATE: November 9, 2006 TO: Honorable Mayor and Members of the City Council FROM: Bob Livingston SUBJECT: APPROVAL OF RESOLUTION SUPPORTING DISCLOSURE OF REAL ESTATE SALE PRICES We have been recently contacted by the Dallas Central Appraisal District who has asked for our support of legislation that would require disclosure of the actual sale price of property. A critical factor in determining value of real property is price. The requirement that actual sale price be disclosed will lead to more accurate valuation. RECOMMENDATION: If is recommended that the City Council approve the resolution and that copies be forwarded our representatives along with the DCAD Board. ATTACHMENTS: None. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\DCADRESOLUTION110906.doc 3:42 PM 11/09/06 RESOLUTION NO. __________ WHEREAS , with the passage of the Property Tax Code by the Texas Legislature in 1979, all property is to be valued at fair market value; and WHEREAS , the Property Tax Code requires the application of generally accepted appraisal methods and techniques; and. WHEREAS , appraisal districts in Texas must apply the techniques in compliance with the Uniform Standards of Professional Appraisal Practice; and WHEREAS , the Uniform Standards of Professional Appraisal Practice and the Property Tax Code require the use of three methods of appraisal; the cost approach, the income approach, and the market data approach; and WHEREAS , these three approaches to value require the use of real property sales data; and WHEREAS , this data is mostly unavailable to appraisal districts in Texas; and WHEREAS , the unavailability of sales data causes the inequitable undervaluation of commercial properties; and WHEREAS , this inequitable undervaluation of commercial property unfairly shifts the burden of taxation to homeowners; and WHEREAS , the State of Texas and all taxing entities are losing billions of dollars in potential revenue due to the undervaluation of commercial properties; and WHEREAS , Texas is one of only five states that does not require mandatory sales price. NOW, THEREFORE BE IT RESOLVED that the City of University Park calls on the Governor of the State of Texas and our representatives in the Texas Legislature to adopt legislation requiring the mandatory disclosure of real property sales prices to appraisal districts to ensure the fair and equitable valuation and taxation of all real property in the State of Texas. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERITY PARK, th TEXAS, on the 14 of November, 2006. JAMES H. HOLMES, III, MAYOR APPROVE AS TO FORM: ATTEST: CITY ATTORNEY NINA WILSON, CITY SECRETARY AGENDA MEMO (11/14/06 AGENDA) DATE: November 9, 2006 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: ROW License Agreement: 3716 Colgate ITEM: The property owners of a single-family property at 3716 Colgate have constructed a basement requiring a sump pump. Sect ion 3.103, Amendments to the Building Code, contains language in Section 1803.3.1, Drainage requirements, that requires all basements or below grade construction in residential units to contain drainage systems that must be drained through enclosed pipe into the City's storm water drainage system. The property owners would like to install a four inch (4”) pipe in the Colgate parkway that drains in the storm inlet located at Tulane & Colgate, approximately 1,100 feet to the west of this property. A license agreement is required for use of the ROW. The City would also require a backflow preventer placed on private property to prevent flow from the storm sewer backing up into the drain pipe. After the license agreement is executed by the City Council, the agreement will be filed with Dallas County, thereby ensuring the license agreement stays with the property regardless of who owns the property. RECOMMENDATION: Staff recommends approval of this ROW license agreement. ATTACHMENTS: License Agreement 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Lic Agreement 3716 Colgate.doc 2:49 PM 11/09/06 RESIDENTIAL LICENSE AGREEMENT CITY OF UNIVERSITY PARK ****************************************************************************** This License Agreement (the "Agreement") effective as provided herein (the "Effective Date"), is between the City of University Park, a municipal corporation (the "City"), and Wallace L. Hall, Jr. and, Kris ti W. Hall , (the "Licensee"). RECITALS WHEREAS, the Licensee desires to place, install, and maintain a 4 inch basement drainage line ("the Improvements") in, under, or upon City right-of- way, easement or property (the "Property"), to benefit the Licensee's premises at ---.3.716 Colgate , University Park, Dallas County, Texas (the "premises"); and W~REAS, such Improvements are more specifically shown on Exhibit "A" attached hereto, for the purpose of basement rlrRinine for the premises; and WHEREAS, the~ft~l!Qe'Sl~ttb~JMit Licensee the privilege to place, install, remove and maintain the Improvements in the City right-of-way, easement or property depicted in Exhibit "A" upon the terms set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the City and Licensee agree as follows: I. GRANT OF LICENSE 1.1 License to Maintain Certain Articles on Property. The City hereby licenses and authorizes the Licensee at all times during the term of this Agreement to place, install, remove, and maintain the Improvements on the Property depicted in Exhibit "A" attached, subject to the telms and conditions contained in this Agreement. 1.2 Exclusive Use. The Licensee, its successors and assigns as permitted herein, may place, install, and maintain on the Property the Improvements to be used exclusively for the benefit of the premises. II. CONDITIONS PRECEDENT AND EFFECTIVE DATE 2.1 Prior Plan. With this Agreement, the Licensee hereby submits to the Community Development Manager and the Director of Public Works of the City plans for the placement, arrangement, and installation of the Improvements. 1 2.2 Review by City. The Community Development Manager or his representative and the Director of Public Works or his representati ve shall review the plans and make modifications to the plans that they, in their sole discretion, consider reasonably necessary or appropriate for the preservation of the public health, safety, and welfare of the City. 2.3 Approval and Effective Date. This Agreement and the rights and obligations hereunder shall become effective when the last one of either the Community Development Manager or his representative or the Director of Public Works or his representative has approved the plans. The Licensee agrees to place, arrange, or install the Improvements on the Property according to the approved plans. The Licensee shall not place, arrange, or install any articles on the Property before the plans have been approved. The City retains the right to remove any article or all articles placed in, under, or onto the Property at any time and retains the right to modify or amend the plans at any time after the Effective Date of this Agreement, upon reasonable notice to the Licensee, such notice informing the Licensee of the purpose and reasonableness of the modification(s) or amendment(s). III. INDEMNIFICA TION AND INSURANCE 3.1 Liabilities, Losses, or Damages. Licensee agrees to indemnify and save hannless the City from any liability, claims or damages the City may suffer as a result of any claims, demands, suits, judgments, costs or expenses, including expenses oflitigation and attorneys' fees, arising out of the use, maintenance, placement, installation, operation, or removal of the Improvements. 3.2 Period Covered. The indemnity provided by this Agreement will extend from the date of this Agreement to the Termination of this Agreement. 3.3 Expenses, Attorneys' Fees, and Costs. If the City, in the enforcement of Paragraph 2.3 of this Agreement, shall incur necessary expenses, or become obligated to pay attorneys' fees or court costs, the Licensee agrees to reimburse the City promptly for such expenses, attorneys' fees, or costs after receiving notice from the City of the incurring of such expenses, costs, or obligations. 3.4 Interest. The Licensee agrees to pay the City interest at the rate ofTen Percent (10%) per annum on any necessary expenses or costs incurred by the City in the enforcement of Paragraph 2.3 of this agreement, or on any sum that the City is obligated to pay with respect to the matters for which indemnity is given in this Agreement, from the date such expenses or costs are incurred, or such sums are paid. 3.5 Notice of Claim Against. The City agrees to give the Licensee prompt written notice of any claim made against the City on the obligations indemnified by the Licensee hereunder. 3.6 Limitation on Liability. The City and the Licensee agree that the provisions of Article II of this Agreement shall not in any way limit the liability of the Licensee. 2 3.7 Insurance. The Licensee agrees to carry and maintain, during the entire term of this Agreement, the following insurance policies: A. Commercial General Liability Insurance in amounts not less than those established as maximum recovery limits recoverable against the City under the Texas Civil Practice and Remedies Code, as amended; and B. Personal Liability insurance in amounts not less than those required under A. above. Such policies of insurance shall be issued by companies authorized to conduct business in the State of Texas and shall name the City as additional insured. Certificates evidencing such insurance contracts and certified copies of such insurance contracts shall be deposited with the Risk Manager for the City. The policy limits provided in the Agreement shall change in accordance with the provisions for max.imum liability under the Texas Civil Practice and Remedies Code. Such certificates shall require thirty days' written notice to the City in the event of default by Licensee or termination of any coverage. IV. ASSIGNMENT 4.1 Nonassignable. This License is personal to the owner of the premises at 3716 Co1 gRtf> D::I11::11': ' (the "property"). It is non-assignable, except when the property for which this License is granted is conveyed by Licensee, in which case, this License may be assigned by Licensee to a subsequent owner, provided such assignment is in writing, specifically requires the assignee to agree to and abide by the terms of this Agreement, is signed by' the assignee, and recorded in the real property records of Dallas County, Texas. Any other attempt to assign this License will terminate the License granted to Licensee under this Agreement. V. TERMINA TION 5.1 Tenninable at Will. This Agreement is terminable by either party at will by the giving of thirty days' written notice to the other party. VI. GENERAL PROVISIONS 6.1 Governing Law. The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties shall be governed by the laws of the State of Texas. Exclusive venue of any action hereon shall lie in Dallas County, Texas 6.2 Amendment. No amendment, supplement, or waiver of this Agreement or any of its 3 provisions shall be binding upon the parties hereto unless made in writing and duly signed by all parties. 6.3 Waiver. A failure or delay of the City to enforce at any time any of the provisions of this Agreement, or to exercise any option that is provided in this Agreement, or to require at any time performance of any of the provisions of this Agreement, shall in no way be construed to be a waiver of such provision of this Agreement. 6.4 Entirety of Agreement. This Agreement constitutes the entire Agreement between the City and the Licensee and supersedes all previous agreements, promises, representations, whether written or oral, between the City and the Licensee with respect to the subject matter of this Agreement. 6.5 Heading. The article and section headings in this Agreement are for convenience only and do not constitute part of this Agreement. 6.6 Sole Benefit. Nothing expressed orreferred to in this Agreement is intended or shall be construed to give any person, firm, or entity, other than the City or the Licensee, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provisions in this Agreement. It is the intention of the City and the Licensee that this Agreement, the assumption of obligations and statements of responsibilities herein, and all conditions and provisions of this Agreement are for the sole benefit of the City and the Licensee, and for the benefit of no other person, firm, or entity. 6.7 Notice. Any notices or other communications required or permitted to be given under this Agreement, unless otherwise specifically provided, shall be deemed given, if sent by first-class mail, postage prepaid, to such party at its address set forth below and shall be effective as of the date of actual delivery of the notice. Either party may change its notice address by a written notice as provided herein. 6.8 Recording. The Licensee must record this License with Dallas County and provide written documentation that such recording has been completed. If to the City: City Manager If to Licensee: City of University Park 3800 University Blvd. Box 8005 University Park, TX 75205-0005 INAllAc.e To. HAll, .Tr & Kristi W. Hall 3716 Colgate University Park, TX 75225 4 IN WITNESS WHEREOF, the City and the Licensee, each acting through its respective duly authorized representative has caused this Agreement to be signed in their names and delivered as of the date first above written. This Agreement shall be effective on the last date signed below. CITY OF UNIVERSITY PARK 3800 University Blvd. University Park, TX 75205 By: Printed Name: James H. Holmes ill Title: Mayor Date: Wallace L. Hall, Jr. and Kristi W. Hall 171/1 r.olgate T~iversity Park. IX 75225 ~Jv1.!1LLA~ I ) i ~DIJJ ~ By: Printed Name: Wallace L. Hall, Jr. Kristi W. Hall Title: Owners Date: 71 Ortohpr 700/1 5 ACKNOWLEDGMENTS STATE OF TEXAS CITY OF DALLAS, TEXAS COUNTY OF DALLAS d~0 This instrument was acknowledged before me on the day of 0Ct-01?0v ,2006, byW,^\l<<Ct~~\sti \ir{H on behalf of such property I owner at 3"':\-\lp lOlytc- ,University Park, Texas. ,,~~V'r"", i'%'1..... ~ -*.~.*- ~~~~J 'I~"\ CHRISTINA GlWLAN MY COMMISSION EXPIRES July 31, 2008 ~ STATE OF TEXAS CITY OF UNIVERSITY PARK, TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the day of 2006, by , , Mayor of the CITY OF UNIVERSITY PARK, TEXAS, a home-rule municipal corporation, on behalf of such corporation. Notary Public, State of Texas 6 AGENDA MEMO (11/14/06 AGENDA) DATE: November 9, 2006 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: ROW License Agreement: 4041 Grassmere ITEM: The property owners of a single-family property at 4041 Grassmere have constructed a basement requiring a sump pump. Sect ion 3.103, Amendments to the Building Code, contains language in Section 1803.3.1, Drainage requirements, that requires all basements or below grade construction in residential units to contain drainage systems that must be drained through enclosed pipe into the City's storm water drainage system. The property owners have installed a four inch (4”) pipe in the Grassmere parkway that drains in the storm inlet located at Preston and Grassmere, approximately 300 feet to the west of this property. A license agreement is required for use of the ROW. A backflow preventer has been placed on private property to prevent flow from the storm sewer backing up into the drain pipe. After the license agreement is executed by the City Council, the agreement will be filed with Dallas County, thereby ensuring the license agreement stays with the property regardless of who owns the property. RECOMMENDATION: Staff recommends approval of this ROW license agreement. ATTACHMENTS: License Agreement 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Lic Agreement 4041 Grassmere.doc 2:35 PM 11/09/06 RESIDENTIAL LICENSE AGREEMENT CITY OF UNIVERSITY PARK ****************************************************************************** This License Agreement (the "Agreement") effective as provided herein (the "Effective Date"), is between the City of University Park, a municipal corporation (the "City"), and 4oL(1 ~~t'c.I, {.;P ,(the "Licensee"). RECIT ALS WHEREAS, the Licensee desires to place, install, and maintain 11t ~ puC. -n~' L-3J..,.JE- ("the Improvements") in, under, or upon City right-of- way, easement or property (the "Property"), to benefit the Licensee's premises at 4.0\.( (GnunW1.llllR , University Park, Dallas County, Texas (the "premises"); and WHEREAS, such Improvements are more specifically shown on Exhibit "A" attached hereto, for the purpose of S~p PUIlA-t' ~ LNf/ for the premises; and WHEREAS, the City desires to grant Licensee the privilege to place, install, remove and maintain the Improvements in the City right-of-way, easement or property depicted in Exhibit "A" upon the terms set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the City and Licensee agree as follows: I. GRANT OF LICENSE 1.1 License to Maintain Certain Articles on Property. The City hereby licenses and authorizes the Licensee at all times during the term of this Agreement to place, install, remove, and maintain the Improvements on the Property depicted in Exhibit "A" attached, subject to the terms and conditions contained in this Agreement. 1.2 Exclusive Use. The Licensee, its successors and assigns as permitted herein, may place, install. and maintain on the Property the Improvements to be used exclusively for the benefit of the premises. II. CONDITIONS PRECEDENT AND EFFECTIVE DATE 2.1 Prior Plan. With this Agreement, the Licensee hereby submits to the Community Development Manager and the Director of Public Works of the City plans for the placement, arrangement, and installation of the Improvements. 1 2.2 Review bv Citv. The Community Development Manager or his representative and the Director of Public Works or his representati ve shall review the plans and make modifications to the plans that they, in their sole discretion, consider reasonably necessary or appropriate for the preservation of the public health, safety, and welfare of the City. 2.3 Approval and Effective Date. This Agreement and the rights and obligations hereunder shall become effective when the last one of either the Community Development Manager or his representative or the Director of Public Works or his representative has approved the plans. The Licensee agrees to place, arrange, or install the Improvements on the Property according to the approved plans. The Licensee shall not place, arrange, or install any articles on the Property before the plans have been approved. The City retains the right to remove any article or all articles placed in, under, or onto the Property at any time and retains the right to modify or amend the plans at any time after the Effective Date of this Agreement, upon reasonable notice to the Licensee, such notice informing the Licensee of the purpose and reasonableness of the modification(s) or amendment(s). III. INDEMNIFICATION AND INSURANCE 3.1 Liabilities, Losses, or Damages. Licensee agrees to indemnify and save harmless the City from any liability, claims or damages the City may suffer as a result of any claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorneys' fees, arising out of the use, maintenance, placement, installation, operation, or removal of the Improvements. 3.2 Period Covered. The indemnity provided by this Agreement will extend from the date of this Agreement to the Termination of this Agreement. 3.3 Expenses. Attorneys' Fees, and Costs. If the City, in the enforcement of Paragraph 2.3 of this Agreement, shall incur necessary expenses, or become obligated to pay attorneys' fees or court costs, the Licensee agrees to reimburse the City promptly for such expenses, attorneys' fees, or costs after receiving notice from the City of the incurring of such expenses, costs, or obligations. 3.4 Interest. The Licensee agrees to pay the City interest at the rate ofTen Percent (10%) per annum on any necessary expenses or costs incurred by the City in the enforcement of Paragraph 2.3 of this agreement, or on any sum that the City is obligated to pay with respect to the matters for which indemnity is given in this Agreement, from the date such expenses or costs are incurred, or such sums are paid. 3.5 Notice of Claim Against. The City agrees to give the Licensee prompt written notice of any claim made against the City on the obligations indemnified by the Licensee hereunder. 3.6 Limitation on Liability. The City and the Licensee agree that the provisions of Article II of this Agreement shall not in any way limit the liability of the Licensee. 2 3.7 Insurance. The Licensee agrees to carry and maintain, during the entire term of this Agreement, the following insurance policies: A. Commercial General Liability Insurance in amounts not less than those established as maximum recovery limits recoverable against the City under the Texas Civil Practice and Remedies Code, as amended; and B. Personal Liability insurance in amounts not less than those required under A. above. Such policies of insurance shall be issued by companies authorized to conduct business in the State of Texas and shall name the City as additional insured. Certificates evidencing such insurance contracts and certified copies of such insurance contracts shall be deposited with the Risk Manager for the City. The policy limits provided in the Agreement shall change in accordance with the provisions for maximum liability under the Texas Civil Practice and Remedies Code. Such certificates shall require thirty days' written notice to the City in the event of default by Licensee or termination of any coverage. IV. ASSIGNMENT 4.1 Nonassignable. This License is personal to the owner of the premises at l-foi.1 ( ~'W1~ (the "property"). It is non-assignable, except when the property for which this License is granted is conveyed by Licensee, in which case, this License may be assigned by Licensee to a subsequent owner, provided such assignment is in writing, specifically requires the assignee to agree to and abide by the terms of this Agreement, is signed by the assignee, and recorded in the real property records of Dallas County, Texas. Any other attempt to assign this License will terminate the License granted to Licensee under this Agreement. V. TERMINA TION 5.1 Terminable at Will. This Agreement is terminable by either party at will by the giving of thirty days' written notice to the other party. VI. GENERAL PROVISIONS 6.1 Governing Law. The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties shall be governed by the laws of the State of Texas. Exclusive venue of any action hereon shall lie in Dallas County, Texas 6.2 Amendment. No amendment, supplement, or wai ver of this Agreement or any of its 3 provisions shall be binding upon the parties hereto unless made in writing and duly signed by all parties. 6.3 Waiver. A failure or delay of the City to enforce at any time any of the provisions of this Agreement, or to exercise any option that is provided in this Agreement, or to require at any time performance of any of the provisions of this Agreement, shaH in no way be construed to be a waiver of such provision of this Agreement. 6.4 Entiretv of Agreement. This Agreement constitutes the entire Agreement between the City and the Licensee and supersedes all previous agreements, promises, representations, whether written or oral, between the City and the Licensee with respect to the subject matter of this Agreement. 6.5 Heading. The article and section headings in this Agreement are for convenience only and do not constitute part of this Agreement. 6.6 Sole Benefit. Nothing expressed or referred to in this Agreement is intended or shall be construed to give any person, firm, or entity, other than the City or the Licensee, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provisions in this Agreement. It is the intention of the City and the Licensee that this Agreement, the assumption of obligations and statements of responsibilities herein, and aU conditions and provisions of this Agreement are for the sole benefit of the City and the Licensee, and for the benefit of no other person, firm, or entity. 6.7 Notice. Any notices or other communications required or permitted to be given under this Agreement, unless otherwise specifically provided, shall be deemed given, if sent by first-class mail, postage prepaid, to such party at its address set forth below and shall be effective as ofthe date of actual delivery of the notice. Either party may change its notice address by a written notice as provided herein. 6.8 Recordin2. The Licensee must record this License with Dallas County and provide written documentation that such recording has been completed. If to the City: City Manager If to Licensee: City of University Park 3800 University Blvd. Box 8005 University Park, TX 75205-0005 LfOL( I ~ T1r'\.Q VP, 1P 1 '3y ~"'" AJr ~ f'2g( 'S-l .lA'ifJ 9,,0 0 o~~a.-, 7)( I tf,. ?-'-(o 4 IN WITNESS WHEREOF, the City and the Licensee, each acting through its respective duly authorized representative has caused this Agreement to be signed in their names and delivered as of the date first above written. This Agreement shall be effective on the last date signed below. CITY OF UNIVERSITY PARK 3800 University Blvd. University Park, TX 75205 By: Printed Name: James H. Holmes ill Title: Mayor Date: By: Printed Name: I~~~ ~C;i~c&~ I\dui~dv~ Vl1UC )(;t1.t',,~ ?~c6 ~O~ I..{O<(I ~Yk.O-u',U Title: Date: 5 ACKNOWLEDGMENTS STATE OF TEXAS ) } DALLAS ) instrument was acknowledged before me on the ltfruday of , 2006, by ~ ~~~o, on behalf of such property ~~( (rram~ University Park, Texas. CITY OF DALLAS, TEXAS COUNTY OF This DrJv bvt. owner at \\,'111""," ,..... ",,,, PlI 'I, """'~""!d' 1+.- .:<'~ ! : : s ~~. .-.,;: ~'::;o;\\~~$ iI'II..,,'\ MEREDITH ETHEREDGE Notary Public, State of Texas 11\ My Commission Expires May 20. 2009 STATE OF TEXAS ) } } CITY OF UNIVERSITY PARK, TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the day of CITY OF 2006, by Mayor of the UNIVERSITY PARK, TEXAS, a home-rule municipal corporation, on behalf of such corporation. Notary Public, State of Texas 6 AGENDA MEMO (11/14/06 AGENDA) DATE: November 9, 2006 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: HGACPurchase of Police Tahoes The Police Department is scheduled to replace four of its Chevrolet Tahoes this year. New 2007 Chevrolet Tahoe Police Package Vehicles are available through an HGAC contract with Caldwell Country Chevrolet. HGAC has fulfilled all competitive bidding requirements for this purchase. The total price per unit is $31,455.00 (three black vehicles for patrol) and $31,349.00 (one white vehicle for Alarm Monitoring). Attached is a memo from Jim Gau, Fleet Manager describing the units being replaced. RECOMMENDATION: Staff recommends purchasing four 2007 Chevrolet Tahoes through HGAC/Caldwell County Chevrolet in the total amount of $125,714.00. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Tahoes 2006.doc 3:34 PM 11/09/06 City of University Park 4420 Worcola Dallas, Texas 75206 Equipment Services October 12, 2006 Robert Brown, Captain UPPD Christine Green, Purchasing Agent Attached please find the HGAC Contract Worksheets to purchase four new Tahoe police vehicles for the Police Department. These units are replacing three 2002 Chevrolet Tahoe patrol units 1557, 1558, 1560 and one 1991 Chevrolet Astro Van, unit 1353 assigned to the Alarm Monitoring program. The units quoted are 2007 Chevrolet Tahoe Police Packages with our standard configuration of options. The three patrol vehicles will be delivered in black and will have the white and silver paint applied after delivery. The fourth unit will be delivered in white and will have alarm monitoring graphics applied as agreed upon. Please review the attached quotes and sign if you are in agreement with their configuration and forward to purchasing for processing. If you have any questions please call me. Sincerely, Jim Gau Jr Fleet Manager AGENDA MEMO (11/14/06 AGENDA) DATE: November 9, 2006 TO: Honorable Mayor and City Council FROM: Jacob Speer, Assistant Director of Public Works SUBJECT: Consider Proposals for the Processing of Recyclable Materials ITEM: City sanitation crews collect recyclable materials from residents and haul that material to a Material Recycling Facility (MRF) for processing. Our current contract for recycling was approved in November, 1999 with Allied Waste. Under the current agreement, the City pays $20 per ton of recyclable material collected and processed. The City posted a Request for Proposals on RFP Depot on 10/16/06. 71 vendors received fax or e-mail notification of the RFP. A pre-proposal meeting was held on 10/29/06. Bids were opened at10:00 a.m. on 11/02/06. Three vendors submitted proposals. A fourth vendor, Vista Fibers, made several inquiries about the RFP, but did not submit a proposal. Staffed toured the MRF of each of the three vendors who submitted proposals in order to assess their ability to provide the required service. All three vendors proposed to add cardboard to the list of accepted materials. The addition of this material my increase our annual recycling tonnage. However, it is difficult to know what the actual impact will be. There were significant differences in the pricing structures of the three proposals. In order to evaluate the proposals objectively, staff prepared the bid tab to illustrate the financial impact to the City if each proposal had been in effect over the last 12 months. This was done to negate the uncertainty regarding future prices for recycling commodities and to assess the historical trends of the commodities. Two vendors, Allied and Standard, proposed a fixed pricing structure for the life of the seven-year contract. CWD proposed a pricing structure where processing fees are tied to the CPI and credits for the sale of recyclables are tied to the published commodities market. While this approach is less stable, it provides the greatest immediate savings to the City. Additionally, market trends indicate that prices will remain relatively stable. As an added security measure, CWD’s proposal does guarantee that our credit for the sale of recyclables will never be less than the fee we pay for material processing. At current market prices, CWD’s proposal would amount to an annual savings of over $50,000 compared to our current contract. CWD’s MRF is also half the distance from University Park as Allied’s MRF. This would result in less time and fuel spent delivering materials to the MRF. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Recycling Contract 11-14-06 (2).doc 3:50 PM 11/09/06 RECOMMENDATION: Staff recommends approval of the proposal submitted by Community Waste Disposal. ATTACHMENTS: ? Bid Tabulation 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Recycling Contract 11-14-06 (2).doc 3:50 PM 11/09/06 Recycling Contract Bid Tabulation November, 2006 Per Ton Annual Recycling Net Price Per Net Annual Round-trip Estimated Per Ton Annual Vendor CreditCreditTonCostDistance Annual TonnageProcessing FeeProcessing Costs Allied Waste1,200$ 58.00$ 69,600.00$ 70.00 $ 84,000.00$ (12.00)$ (14,400.00)36.8 mi. Note 1 CWD1,200$ 33.37$ 40,044.00$ 57.16 $ 68,592.00$ (23.79)$ (28,548.00)15.6 mi. Note 2Note 3Note 4 Standard1,200$ 5.00$ 6,000.00$ -$ -$ 5.00$ 6,000.0014.8 mi. Note 5 Note 1: All prices in Allied's proposal are fixed for the life of the contract. Note 2: Subject to CPI adjustment on the anniversary date of the contract. Note 3:Proposal calls for credit to vary monthly based on the most recent Official Board Market (Southwest) and Waste News (Houston) published prices. City is credited for 75% of current market prices. Component breakdown was based on CWD's historical information. Number shown is 75% of average commodity prices over the last 12 months. Note 4: CWD's proposal states that the Per Ton Credit will never be less than the Per Ton Processing Fee, thus the cost to the City will never exceed $0. Note 5: All prices in Standard's proposal are fixed for the life of the contract. Note 6: All 3 vendors will accept all materials currently being recycled by University Park. Standard will also accept cardboard. Allied and CWD will also accept cardboard plus plastics #3, #5, and #7 (most all other plastics). MINUTES #2625 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, OCTOBER 24, 2006, 5:00 P.M. Mayor Blackie Holmes opened the meeting. Present were Councilmembers Syd Carter, Kelly Walker and Jerry Grable. Mayor Pro Tempore Harry Shawver was absent and excused. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. AWARDS AND RECOGNITION DEPARTMENT PINS: City Manager Bob Livingston presented Fire Department Captain Max Raney with a 15-year pin and Park Supervisor Brent Jones with a 5-year pin for a total of 20 years of service to the City of University Park. RECOGNITION: Police Chief Gary Adams introduced Officer Bill Mathis as the new Sergeant in the University Park Police Department. Councilmember Walker moved approval of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For September 26, October 3 and October 5, 2006. MAIN AGENDA CONSIDER LOCATION FOR GERMANY PARK BOOSTER PUMPING STATION: The proposed building has been moved approximately 10’ north, placing it approximately 30’ north of the alley and 20’ to the east, providing 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, the city proposed an increase to the existing parking lot by 34 spaces. The remaining green space will provide a landscape buffer between the booster pumping station and adjacent residences. Nancy Wood, 4444 Windsor Parkway, presented the remainder of the petitions supporting no organized activities in the green space. Council announced that the green space would be used as a playground for handicapped and non-handicapped children. Bob Goodwin, 4521 Stanhope, stated that approximately 15 neighbors met at Peggy Bell’s house and agreed upon the following suggestions: they would like the booster station below ground, noting the cost would be less; if above, it should be as far as possible from homes since it would be better for noise and be a more pleasing site; if at the north end, it should be possible to address it from Roland or the south side of the parking lot; neighbors would like to visit sites that are above ground; keep Roland as well as the east and south side of alleys open; keep posts on the perimeter of the sites; parking is all right but not near homes. Director of Public Works Bud Smallwood stated that, according to the Park Cities Municipal Utilities District, they did not want the booster station underground due to flooding; noise was not a factor; they would like to move forward with the project due to the age and unreliability of the present station. Dick Bernet, 4445 Larchmont, passed out photos of a booster station above ground, but in a commercial area. He would like addresses of those with homes nearby. Council requested public works paint an outline of the locations of Alternates 1 and 2 for the neighbors to see. After that, council would like for the neighbors to present a petition with names, addresses and with each neighbor’s choice of Alternate 1 or Alternate 2 for presentation at the next council meeting. The neighbors involved should be those living ½ block to the east on Windsor, ½ block to the east on Larchmont, and everyone who backs up to the area on Stanhope and Lomo Alto. Bob Goodwin agreed to be the designated person in charge of the coordination of the project. TH DISCUSS LIST OF ITEMS RAISED AT OCTOBER 5 PUBLIC HEARING ON INCREASING SIZE OF SINGLE FAMILY CONSTRUCTION: The following is a list of items raised by builders, architects and residents who spoke at the hearing: staggering permits for lots on the same street, parking on streets by trucks, height of houses, architect seal, no rear entry garages, larger sideyard setback, complaints about inspectors, clean up lots and check 4041 Lovers Lane. The following items were removed from the list: staggering permits for lots on the same street, architect seal, no rear entry garages, and larger sideyard setback. Parking on streets by trucks cannot be stopped legally; however, a warning will be given if parked on the wrong side of the street and Community Development Manager Harry Persaud will remind contractors to tell their subcontractors at the time the contractor receives a permit. Before the height of houses is changed, the city would like to wait and see the results of the change Alamo Heights has in order to see what can be accomplished by changing regulations and then decide if the city should conduct further studies. With regard to complaints about inspectors, computers have been ordered so that worksite notations and violations can be entered into city records immediately improving productivity as they check approximately 20 worksites a day. In regard to clean lots, if there is a code violation, a Stop-Work Order is issued and, upon payment of a re-inspection fee, another inspection will be done to determine compliance. The re-inspection fee will be raised from $50 to $100. There was a complaint regarding the sideyard setback at 4041 Lovers Lane. The city found that it is in compliance with city code. CONSIDER ORDINANCE ESTABLISHING 25MPH SPEED LIMIT ON CERTAIN RESIDENTIAL STREETS: The ordinance will establish a 25mph speed limit along the following streets: Amherst, Stanford, Purdue, Hanover, Bryn Mawr, Airline, Durham and Dublin between Southwestern and Lovers Lane and also Hillcrest and Boedeker. During the test period, November 1, 2006-April 30, 2007, the police department will enforce the lowered speed limit. A second speed study will be conducted in April 2007 and a report compiled which the city council will use as a basis to decide if the 25mph speed limit should be permanent for all residential streets in the city and whether the ordinance should remain in effect or be repealed. Mayor Holmes moved approval of the ordinance for certain residential streets. Councilmember Carter seconded, and the vote was unanimous to approve an ordinance establishing a 25mph speed limit on certain residential streets for the next six months. ORDINANCE NO. 06/31 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. CONSIDER INTERLOCAL AGREEMENT WITH THE TOWN OF HIGHLAND PARK FOR SCHOOL RESOURCE OFFICER: In an effort to provide for the well being of students and faculty of Highland Park High School, provide for continued education on the abuse of drugs and alcohol, and establish 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 fulltime School Resource Officer in Highland Park High School. The officer will be a sworn police officer of the University Park Police Department and will work directly for the University Park Police Department and under its policies and procedures. The salary and benefits will be shared by the City of University Park and the Town of Highland Park with the City of University Park providing 75% of such cost and the Town of Highland Park providing 25%. 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 will begin in January 2007 and end with the current school year. CONSIDER INTERLOCAL AGREEMENT WITH THE TOWN OF HIGHLAND PARK FOR D.A.R.E. OFFICER: 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 75% of the cost and the Town of Highland Park providing 25%. 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. Councilmember Carter moved approval of the Interlocal Agreements for the School Resource Officer and the D.A.R.E. Officer between the City of University Park and The Town of Highland Park. Councilmember Walker seconded, and the vote was unanimous to approve both interlocal agreements between the City and the Town. CONSIDER AWARD OF BID FOR HVAC EQUIPMENT FOR CITY HALL: 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, they were asked to determine the breakout cost for one chiller, on the theory that the city 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 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 and 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-$8,000 for a total conversion of $10,000-$13,000 for an older unit that will operate at about 60% to 70% as efficiently as a new chiller. The 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. Councilmember Carter moved approval of the award of bid. Councilmember Walker seconded, and the vote was unanimous to approve the bid for the HVAC equipment for City Hall. CONSIDER PURCHASE OF BUCKET TRUCK AND GROUNDS MAINTENANCE VEHICLE/EQUIPMENT FOR PARK DEPARTMENT: The new forestry bucket truck will be purchased from Masters International Trucks, Inc., Arlington, Texas for a total price of $134,063. The purchase of a grounds maintenance utility vehicle with attachments will be purchased through Professional Turf Products, DFW Airport, Texas for a total price of $45,960.84. ITEMS FROM THE FLOOR Bob Johnson, 4444 Windsor Parkway, spoke regarding the Highland Park Independent School District Joint Agreement stating that he felt the public restrooms should be removed from the agreement. As the city is now providing for the upkeep of Germany Park, he saw no reason for the joint agreement to continue. Mayor Holmes explained that this issue was not being raised now, but would be in the future. There being no further business, Mayor Holmes adjourned the meeting. th PASSED AND APPROVED this 14day of November 2006. James H. Holmes, III, Mayor ATTEST: _________________________ Nina Wilson, City Secretary AGENDA MEMO (11/14/2006 AGENDA) DATE: November 7, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Coffee Park Master Plan Design BACKGROUND: During the past few months, staff has been working with the architectural firm of GGOArchitects on the Master Plan for Coffee Park. Staff has reviewed the concept plans with the Park Board and is also hosting a meeting with area residents on November 9, 2006 to obtain additional input regarding the proposed park improvements. During the November 14, 2006 City Council meeting, Mr. Garry Olp with GGOArchitects will present design concepts of Coffee Park for Council approval. RECOMMENDATION: Staff is requesting City Council consider approving the design concepts for Coffee Park and allow staff to continue working with the architect to develop detailed construction plans and cost estimates. ATTACHMENTS: Coffee Park Master Plan ? 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Coffee Park Master Plan 11-14-06 .j>. Co m 6' Concrete Walk ~ HI 3 LU ~ ~ ~ Shade Structure Proposed Wall NORTHWEST HIGHWAY CJ S- iD CD u c, T 5: po II> if -0 5 J.- t1 Q: to) -.I ;::! :t Entry Sign tl Q 1!fJ .0 VILLANOVA I l':> GGOArchitects CONCEPTUAL PARK PLAN COFFEE PARK UNIVERSITY PARK, TEXAS ----=.R ....~~ III oc;r , l\IlI ~ r.e: AGENDA MEMO (11/14/2006 AGENDA) DATE: November 9, 2006 TO: Honorable Mayor and City Council City Manager FROM: Kent Austin, Director of Finance SUBJECT: Budget amendment ITEM: The November 14, 2006, City Council agenda includes an ordinance that would amend the FY2007 budget for two reasons: 1) to carry forward $873,397 encumbered at the end of FY2006, and; 2) to approve specific funding for the Burleson Park basketball court project. Encumbrances Approval of the encumbrances (purchase orders) makes the funds available for expenditure in the current fiscal year, FY2007. The specific amounts per department and line-item account are provided in Exhibit “A” to the attached ordinance. Overall, the totals by fund are: ?General Fund $635,093.30 ?Utility Fund $200,694.64 ?Sanitation Fund $ 37,609.38 By comparison, total encumbrances for FY2006 amounted to $857,507, and for FY2005 they totaled $545,294. Without this amendment, the City could not expend these funds without exceeding the adopted budget. Specific items Also included in the amendment ordinance is $30,000 for the Burleson Park basketball court project. This project was not included in the FY2007 budget. Impact on budget and financial position The adopted FY2007 combined budget expenditures exceed revenues by $360,971. This is solely due to conservative volume projections in the Utility Fund. The proposed budget amendment would increase budgeted expenditures by $903,397. This is typical of budget C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Amendment 1 Budget FY07 memo 11092006.doc 7:39 AM 11/10/06 amendments and can be accommodated by positive fund balances. At the end of FY2006, fund balances in the budgeted funds were as follows: General Fund, $11,179,646; Utility Fund, $5,934,974; Sanitation Fund, $680,143. RECOMMENDATION: The encumbrance carryforward is presented to the Council each year as a routine item, as is the part of the amendment regarding specific requests. City staff recommends approval of the attached ordinance. ATTACHMENTS: ?Table displaying budget amendment impact ?Ordinance with Exhibits C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Amendment 1 Budget FY07 memo 11092006.doc 7:39 AM 11/10/06 CITY OF UNIVERSITY PARK, TEXAS FY 2007 BUDGET WITH AMENDMENT(S) SUMMARY BY FUND AND DEPARTMENT 11/14/2006 FY2007AMENDMENTAMENDMENTFY2007 ADOPTEDNO. 1 - ENC.NO. 1 - OTHERAMENDED BUDGET11/14/200611/14/2006BUDGET GENERAL FUND 24,187,624 01-11 REVENUES 24,187,624 24,187,624 TOTAL GENERAL FUND REVENUES$24,187,624$0$0 EXPENDITURES 922,990 01-02 EXECUTIVE 906,784 16,206 - 1,060,625 01-03 FINANCE 1,060,625 - - 342,661 01-04 HUMAN RESOURCES 342,661 - - 944,680 01-05 INFORMATION SERVICES 760,751 183,929 - 272,132 01-10 COURT 272,132 - - 769,799 01-19 BUILDING 748,204 21,595 - 928,874 01-20 ENGINEERING 901,974 26,900 - 933,958 01-25 TRAFFIC 849,197 84,761 - 800,653 01-35 FACILITY MAINTENANCE 695,567 105,086 - 4,520,209 01-40 FIRE 4,462,340 57,869 - 5,792,200 01-50 POLICE 5,730,453 61,747 - 2,617,772 01-70 PARKS 2,546,522 41,250 30,000 173,946 01-75 SWIMMING POOL 173,946 - - 1,828,172 01-80 STREETS 1,792,422 35,750 - 2,943,871 01-85 TRANSFERS 2,943,871 - - 24,852,543 TOTAL GENERAL FUND EXPENDS. 24,187,449 635,093 30,000 DIFFERENCE$175 ($635,093)($30,000)($664,919) UTILITY FUND 10,670,195 - 10,670,195 02-11 REVENUES - TOTAL UTILITY FUND REVENUES 10,670,195 - - 10,670,195 EXPENDITURES 5,987,128 - 5,987,128 02-21 UTILITY OFFICE - 3,176,637 02-22 UTILITIES 2,975,942 200,695 - 2,069,389 02-85 TRANSFERS 2,069,389 - - TOTAL UTILITY FUND EXPENDS. 11,032,459 200,695 - 11,233,154 DIFFERENCE($362,264) $ (200,695) $ - $ (562,959) SANITATION FUND 04-11 REVENUES 2,660,500 - 2,660,500 - TOTAL SANITATION FUND REVENUES $2,660,500 - - 2,660,500 EXPENDITURES 04-60 SANITATION 2,659,860 37,609 2,697,469 - TOTAL SANITATION FUND EXPENDS. 2,659,860 37,609 - 2,697,469 DIFFERENCE$640($37,609)$0($36,969) 37,518,319 TOTAL REVENUES$37,518,319 - - 38,783,166 TOTAL EXPENDITURES$37,879,768 873,397 30,000 $ (873,397)$ (30,000)$ (1,264,847) DIFFERENCE($361,449) C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Amendment 1 Budget FY07 memo 11092006.doc 7:39 AM 11/10/06 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2006-2007 FISCAL YEAR BUDGET, ORDINANCE NO. 06-27, TO CARRY FORWARD ENCUMBRANCES FROM THE 2005-2006 FISCAL YEAR BUDGET, INCLUDING TOTAL GENERAL FUND ENCUMBRANCES OF $6635,093.30, UTILITY FUND ENCUMBRANCES OF $200,694.64, AND SANITATION FUND ENCUMBRANCES OF $37,609.38; TO APPROPRIATE $30,000 FROM THE GENERAL FUND UNRESERVED FUND BALANCE BY INCREASING EXPENDITURES $30,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park has determined that it is in the public interest to amend Ordinance No. 06-27 to carry forward encumbrances of funds from the 2005-2006 fiscal year budget and transfer funds from unreserved fund balance of the General Fund into specific accounts; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 06-27, the 2006-2007 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to carry forward to the 2006-2007 fiscal year encumbrances authorized in the 2005-2006 budget, but not expended during such fiscal year. That a complete listing of such encumbrances, as they existed as of the beginning of the current fiscal year, is attached hereto as Exhibit “A” and made a part hereof for all purposes. That all of such encumbrances, totaling $635,093.30 of general fund encumbrances, $200,694.64 of utility fund encumbrances, and $37,609.38 of sanitation fund encumbrances, be, and the same are hereby, approved and carried forward into and made a part of the 2006-2007 fiscal year budget of the City. SECTION 2. That Ordinance No. 06-27, the 2006-2007 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to appropriate unreserved fund balances of $30,000 from the general fund to the specific accounts listed on Exhibit “B” C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Ordinance amending FY2007 budget 11-09- 2006.doc 7:37 AM 11/10/06 attached hereto and made part hereof for all purposes, and such expenditures are herby authorized and made a part of the 2006-07 fiscal year budget of the City. SECTION 3. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 14th day of November, 2006. 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\Ordinance amending FY2007 budget 11-09- 2006.doc 7:37 AM 11/10/06 EXHIBIT "A" - PAGE 1 OF 2 CITY OF UNIVERSITY PARK, TEXAS FY2007 BUDGET AMENDMENT NO. 1 11/14/2006 FY2006 ACCOUNTENCUMBR. NUMBERACCOUNT DESCRIPTIONCARRY FWD.VENDOR GENERAL FUND EXECUTIVE DEPARTMENT 01-02-3060PROFESSIONAL SERVICES14,596.50TOWNSCAPE, INC 01-02-9201MICRO COMPUTER EQUIPMENT1,609.57DELL TOTAL EXECUTIVE DEPARTMENT16,206.07 INFORMATION SERVICES DEPT. PROFESSIONAL SERVICES3,620.00HTE, INC 01-05-3060 01-05-3060PROFESSIONAL SERVICES2,500.00MAXIMUS 01-05-3060PROFESSIONAL SERVICES2,500.00TSM CONSULTING PROFESSIONAL SERVICES20,400.00INTEGRATED 01-05-3060 01-05-3060PROFESSIONAL SERVICES5,000.00TRINITY TECHNICAL SOLUTION PROFESSIONAL SERVICES8,800.00NCTCOG 01-05-3060 01-05-3063PROGRAMMING/MAINTENANCE14,400.00IMAGINUITY 01-05-4120TELEPHONE SERVICE13,992.00SBC E-SERVICE TELEPHONE SERVICE12,423.00LOGICAL LINK COMMUNICATIONS 01-05-4120 01-05-7202MICRO COMPUTER SOFTWARE15,000.00HTE, INC 01-05-7240TUITION & TRAINING3,000.00HTE, INC TUITION & TRAINING4,087.50COMPUTER ADVANTAGE 01-05-7240 01-05-7240TUITION & TRAINING5,000.00COMPUTER ADVANTAGE 01-05-9201MICRO COMPUTER EQUIPMENT4,000.00HTE, INC MICRO COMPUTER EQUIPMENT13,600.00HTE, INC 01-05-9201 01-05-9201MICRO COMPUTER EQUIPMENT1,804.01MTM TECHNOLOGIES, INC MICRO COMPUTER EQUIPMENT5,802.13MTM TECHNOLOGIES, INC 01-05-9201 01-05-9201MICRO COMPUTER EQUIPMENT1,276.19DELL 01-05-9201MICRO COMPUTER EQUIPMENT1,724.55DELL MICRO COMPUTER EQUIPMENT30,000.00DELL 01-05-9201 01-05-9202MID RANGE COMPUTER PROGRAMMING15,000.00HTE, INC TOTAL INFORMATION SVCS. DEPT. 183,929.38 BUILDING DEPARTMENT PROFESSIONAL SERVICES10,000.00ACCOUNTTEM 01-19-3060 01-19-9201MICRO COMPUTER EQUIPMENT11,250.00CDW-G 01-19-9910OFFICE FURNITURE344.70GLOBAL TOTAL BUILDING DEPARTMENT21,594.70 ENGINEERING DEPARTMENT PROGRAMMING/MAINTENANCE11,400.00GOODSON 01-20-3063 01-20-7202MICRO COMPUTER SOFTWARE15,500.00MWH SOFTWARE TOTAL ENGINEERING DEPARTMENT 26,900.00 TRAFFIC DEPARTMENT SUPPLIES & MATERIALS4,000.00GRAPPHIC SOLUTIONS GROUP 01-25-2350 01-25-2350SUPPLIES & MATERIALS10,372.503M 01-25-2350SUPPLIES & MATERIALS1,099.00VULCAN ALUMINUM PROFESSIONAL SERVICES15,000.00C & P ENGINEERING LTD 01-25-3060 01-25-3060PROFESSIONAL SERVICES14,000.00C & P ENGINEERING LTD 01-25-3060PROFESSIONAL SERVICES17,182.32C & P ENGINEERING LTD SIGNAL MAINTENANCE & REPAIR2,257.50SHARROCK ELECTRIC 01-25-6350 01-25-6350SIGNAL MAINTENANCE & REPAIR7,500.00DURABLE SPECIALTIES SIGNAL MAINTENANCE & REPAIR950.00DURABLE SPECIALTIES 01-25-6350 01-25-6350SIGNAL MAINTENANCE & REPAIR12,400.00CONSOLIDATED TRAFFIC CONTROLS TOTAL TRAFFIC DEPARTMENT 84,761.32 FACILITY MAINTENANCE DEPT. 01-35-3115CONTRACT MAINTENANCE735.00THYSSENKRUP ELEVATOR CONTRACT MAINTENANCE550.00THYSSENKRUP ELEVATOR 01-35-3115 01-35-3115CONTRACT MAINTENANCE2,463.00SIMPLEX GRINNILL 01-35-3115CONTRACT MAINTENANCE1,318.00SIMPLEX GRINNILL CONTRACT MAINTENANCE2,145.00JOHNSON CONTROLS 01-35-3115 01-35-6184SECURITY EXPENSE1,250.60STANLEY FACILITY MAINTENANCE & REPAIR4,572.93SUBURBAN HEATING & A/C CO. 01-35-6250 01-35-6250FACILITY MAINTENANCE & REPAIR3,142.37ABC DOORS 01-35-9910OFFICE FURNITURE331.90HON COMPANY OFFICE FURNITURE191.40GLOBAL 01-35-9910 01-35-9910OFFICE FURNITURE100.00BUSINESS INTERIORS 01-35-9950REMODELING PROJECTS87,536.00GALLAGHER CONSTRUCTION CO. REMODELING PROJECTS750.00FLOORING 01-35-9950 TOTAL FACILITY MAINT. DEPT. 105,086.20 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Ordinance amending FY2007 budget 11-09- 2006.doc 7:37 AM 11/10/06 FY2006 ACCOUNTENCUMBR. NUMBERACCOUNT DESCRIPTIONCARRY FWD.VENDOR FIRE DEPARTMENT 01-40-2029CLOTHING ALLOWANCE73.98C & G WHOLESALE 01-40-3115CONTRACT MAINTENANCE7,989.86FLEETWOOD FINANCIAL 01-40-6330RADIO SERVICE29,000.00MOTOROLA 01-40-6330RADIO SERVICE2,868.40DFW COMMUNICATIONS 01-40-9355FIRE FIGHTING EQUIP-LIGHT17,937.00MEDTRONIC TOTAL FIRE DEPARTMENT 57,869.24 POLICE DEPARTMENT 01-50-2029CLOTHING ALLOWANCE3,994.00DALLAS PUBLIC SAFETY SUPPLIES 01-50-3060PROFESSIONAL SERVICES1,000.00HTE, INC 01-50-3075DIRECT ALARM MONITORING5,607.02SONNTAG, INC 01-50-3291GUNS/EQUIPMENT11,600.00GT DISTRIBUTORS 01-50-3291GUNS/EQUIPMENT801.21JERRY'S SPORT CENTER 01-50-3291GUNS/EQUIPMENT4,995.95ENFORCEMENT 01-50-3291GUNS/EQUIPMENT941.76DOOLEY TACKABERRY 01-50-3291GUNS/EQUIPMENT239.88GALL'S INC 01-50-7202COMPUTER SOFTWARE1,575.00INNOVATIVE 01-50-7202COMPUTER SOFTWARE15,000.00HTE, INC 01-50-7202COMPUTER SOFTWARE6,300.00HTE, INC 01-50-7240TUITION & TRAINING3,500.00HTE, INC 01-50-9201MICRO COMPUTER EQUIPMENT6,192.00HTE, INC TOTAL POLICE DEPARTMENT 61,746.82 PARKS DEPARTMENT 01-70-3115CONTRACT MAINTENANCE827.86UNITED SITE SERVICES 01-70-3115CONTRACT MAINTENANCE11,343.68GREENER P ASTURES LANDSCAPE 01-70-6205PARK FACILITY REPAIR3,730.40PLAYWELL GROUP 01-70-6208PARK EQUIPMENT REPAIR797.85GRAYBAR ELECTRIC CO. 01-70-6380FLOWERS, TREES & SHRUBS1,642.50TWIN LAKES 01-70-9900PARK IMPROVEMENTS3,023.99PLAYWELL GROUP 01-70-9900PARK IMPROVEMENTS19,242.00RHINO SPORTS 01-70-9900PARK IMPROVEMENTS641.29SOUTHWEST PARKS & PLAYGROUNDS TOTAL PARKS DEPARTMENT 41,249.57 STREETS 01-80-6370STREET REPAIR MATERIALS18,250.00AUSTIN ASPHALT CO. 01-80-6370STREET REPAIR MATERIALS17,500.00BIG CITY CRUSHED CONCRETE TOTAL STREETS 35,750.00 TOTAL GENERAL FUND ENCUMBRANCES 635,093.30 UTILITY FUND ENCUMBRANCES UTILITIES DEPARTMENT 02-22-3060PROFESSIONAL SERVICES85,000.00 ALAN PLUMMER ASSOCIATES 02-22-3060PROFESSIONAL SERVICES55,000.00RAYMOND L. GOODSON, JR 02-22-3060PROFESSIONAL SERVICES6,957.00GSWW, INC 02-22-6190AUTO REPAIRS2,637.64FLOYD PEACOCK CO. 02-22-7202MICRO COMPUTER SOFTWARE6,100.00SHARPESOFT 02-22-9205CAMERA EQUIPMENT45,000.00CUES, INC TOTAL UTILITIES DEPARTMENT 200,694.64 TOTAL UTILITY FUND ENCUMBRANCES 200,694.64 SANITATION DEPARTMENT 04-60-2029CLOTHING ALLOWANCE425.16CEN-TEX UNIFORMS 04-60-2350SUPPLIES & MATERIALS25.20BIRD-X 04-60-3060PROFESSIONAL SERVICES15,625.00CHAING PATEL & YERBY 04-60-6186TRANSFER STATION REPAIR9,000.00KEE SERVICES 04-60-7601HAZARDOUS WASTE SERVICE6,909.02COUNTY CLERK 04-60-9201MICRO COMPUTER EQUIPMENT5,625.00CDW-G TOTAL SANITATION DEPARTMENT 37,609.38 TOTAL SANITATION FUND ENCUMBRANCES 37,609.38 TOTAL ALL FUNDS ENCUMBRANCES873,397.32 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Ordinance amending FY2007 budget 11-09- 2006.doc 7:37 AM 11/10/06 EXHIBIT "B" CITY OF UNIVERSITY PARK, TEXAS FY2007 BUDGET AMENDMENT 11/14/2006 AmountDept.Account descriptionAccount no.Item description $ 30,000 ParkPark Improvements01-70-9900Burleson Park basketball court project $ 30,000 Park Department total $ 30,000General Fund expenditure total $ (30,000)Net increase/(decrease) in General Fund C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Ordinance amending FY2007 budget 11-09- 2006.doc 7:37 AM 11/10/06 AGENDA MEMO (11/14/06 AGENDA) DATE: November 9, 2006 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Steering Committee Recommended Actions for TXU 138kV Transmission Line ITEM: On January 3, 2006 the City Council appointed a Transmission Line Steering Committee comprised of residents that live on or near the TXU 138kV transmission line. The Steering Committee was tasked with developing a solution with TXU to meet the needs of the community and TXU regarding the future of the transmission line. Over the course of the last several months, members of the Steering Committee have worked with TXU, City staff, and Sega, Inc. in developing a list of alternative options for the transmission line. The options were presented at a community forum held at University Park th Elementary on September 14. The committee presented the following three options at the community forum: ? Option A – Repair and replace the existing damaged and leaning wood poles with wood poles of the same height, keeping the existing 779 Amp capacity line, adding lightning arrestors. City works with TXU for long-term plan for upgrade of line to 2000 Amp capacity. No cost to City or residents. ? Option B – Replace all existing wood transmission poles with steel poles of a type that would weather and rust to a color similar to wood. Some poles would be slightly higher, and the line would be upgraded to 2000 Amp capacity. No cost to City or residents. ? Option C – Remove the existing line and bury an upgraded 2000 Amp transmission line underground along Daniel, Boedecker, and Stanford at a total estimated cost of $19.3 million. On November 13, 2006 the City Council will conduct a special meeting to receive the final Steering Committee report and recommendations. The recommendations from the Steering th Committee to the City Council are based upon feedback received during the September 14 community forum. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Steering Committee Report.doc 3:37 PM 11/09/06 The Steering Committee’s final recommendation contained with the report is multifaceted. As a result of input received at the community forum, the committee recommends the City work with TXU to implement Option A. Recognizing that TXU will need to upgrade the line at some point in the future, the committee also recommends the City Council require of TXU a 12 month advance notification prior to any construction or upgrade of the transmission line. Lastly, the committee recommends the formation of a permanent Public Utilities Advisory Committee, similar to existing advisory committees (finance, public works, etc). The Public Utilities Advisory Committee will begin working with TXU Electric Delivery representatives on the specifics of replacing the transmission line poles most in need of repair with wood poles of like height so that TXU’s immediate concerns about the line’s safety and reliability can be addressed. In the months ahead, the advisory committee will meet at the call of the Council and will act as the City’s liaison with all utilities that do business here. Regarding the TXU Transmission Line Project, along with staying abreast of the latest technology that is available which may assist the City with determining the line’s future look, location and relevancy, the committee will be responsible for working with TXU on the renewal of its franchise agreement with the City. RECOMMENDATION: Staff recommends Council proceed with Option A as outlined in the Steering Committee’s report. In addition, staff supports the formation of a Public Utilities Advisory Committee. ATTACHMENTS: Proposed Public Utilities Advisory Committee Members 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Steering Committee Report.doc 3:37 PM 11/09/06 PUBLIC UTILITY ADVISORY COMMITTEE MEMBER HOME ADDRESS RICK BJORCK, (CHAIRMAN) 3840 Colgate University Park 75225 DR. GREGORY CRESPI 4228 Amherst University Park 75225 SANDRA CUDE 2908 Amherst University Park 75225 JOSIAH DANIEL 2904 Rosedale University Park 75205 DR. NICK HOGAN, (VICE-CHAIRMAN) 3409 Stanford University Park 75225 DAVID HOWELL 3125 Amherst University Park 75225 DANA MANLEY 2900Milton University Park 75205 LESLIE MCCALL 3216 Stanford University Park 75225 PATRICH SIMPKINS 3709 Southwestern University Park 75225 KEITH SMITH 4333 Stanford University Park 75225 AGENDA MEMO (11-14-06 AGENDA) DATE: November 9, 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. Pursuant to the discussion at the 10.24.06 City Council meeting, staff marked he outline of the two pumping station sites south and east of the existing facility in Germany Park. Several of the interested neighbors were contacted so they could view both of the proposed locations and the relationship to the adjacent properties. In response to the question regarding pumping stations in residential settings similar to those in University Park, we visited facilities in Highland Park, Ft. Worth, and Flower Mound. Photographs of those pumping stations will be available at the Council meeting. It was difficult to find these locations, because it is somewhat unusual for booster pumping stations to be located in residential areas. However, because of the unique nature in which the water systems of University Park and Highland Park were designed, the Germany Park facility cannot be relocated to another site. There were also concerns that sound from the proposed pumping station would be a nuisance to adjacent properties. To that end, we attempted to determine, with the use of a decibel meter to determine whether any of the aforementioned sites (HP, Ft. Worth, and Flower Mound) created any such sound pollution. The results of our non- scientific study indicated no apparent noise levels from any of the locations. Additionally, we talked to neighbors at each of the sites, and they had a common response – “sound is NOT an issue”. To help allay concerns, our engineering consultant will perform before-and-after sound studies to determine whether any additional mitigation enhancements are necessary. Another issue raised by one of the residents was the suggestion that the proposed pumping station should be constructed below ground. That facility could certainly be designed, however, several facts suggest that solution would be extremely counterproductive to the City and its residents: 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 11 14 06.doc 2:13 PM 11/09/06 ? Cost. A preliminary review by the City’s consulting engineer suggests that the additional cost to construct the facility underground may be as much a third higher than that of the above-ground pumping station. Considering the previous estimate of $3,000,000, that would translate to an underground cost of $4,000,000. ? Operational Dysfunction. The underground option would cause the facility to be considered a “confined-space-entry, which would result in considerable additional costs associated with daily operations and maintenance. ? Miscellaneous. Even if the pumping station were to be constructed below ground, there would still be facilities above grade including, but not limited to the emergency generator, air-handling / venting equipment, and a structure to house the electrical switchgear and motor controllers. Discussion. Staff recommends that City Council affirm the location of the above ground 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 11 14 06.doc 2:13 PM 11/09/06 AGENDA MEMO (11/14/2006 AGENDA) DATE: November 7, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Potential Special Needs Playground Funding Opportunity BACKGROUND: Staff has recently been approached by University Park resident Mr. Chris Murzin regarding potential funding opportunities for special needs children play equipment. During the November 14, 2006 City Council meeting, Mr. Murzin has requested an opportunity to speak with City Council to gain support of his efforts to request funding from “PLAYSKOOL” Boundless Playground in the amount of $300,000.00 for special needs play equipment. RECOMMENDATION: Staff is requesting direction from City Council with how to proceed with this request. ATTACHMENTS: Letter of request from Mr. Chris Murzin 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Playground funding support – 11-14-06 3236 Milton Avenue University Park, TX 75205 214-363-9093 Murzin@sbcglobal.net Monday, November 06, 2006 Mr. Gerry Bradley Director of Parks City of University Park 3800 University Boulevard University Park, TX 75205 214-987-5486 gbradley@uptexas.org Dear Mr. Bradley, It was a pleasure speaking with Bob Livingston, Mayor Holmes and you this afternoon about an exciting opportunity for our Parks. My interest is in seeking funding to provide playground equipment that our special needs children can utilize alongside their more able-bodied peers to promote inclusiveness in this area which all children should enjoy. Specifically, I am seeking the permission of City Council for its blessing, along with a playground site, should I win the “PLAYSKOOL Win a Boundless Playground Essay Contest.” The Grand Prize is a BOUNDLESS Playground valued at approximately $300,000. Contestants are rated on the following: the meaning of this playground to the community (40%), why play that includes children of all abilities is important (30%), a description of the site where the playground will be built (15%) and approval/support of this endeavor (15%). It is the last two aforementioned items that I must obtain from the City of University Park for submission with my essay prior to November 30, 2006. I respectfully request an opportunity to address the City Council to seek its support at the November 14 meeting. Sincerely, Jack’s Dad (Chris Murzin) 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Playground funding support – 11-14-06 AGENDA MEMO (11/14/06 AGENDA) DATE: November 9, 2006 TO: Honorable Mayor and Members of the City Council FROM: Bob Livingston, City Manager SUBJECT: POSSIBLE MODIFICATION OF CITY SIDEWALK REPAIR POLICY Councilmember Walker and I were recently contacted by the PTA and representatives of HPISD requesting repair of sidewalks adjacent to Hyer Elementary School. Councilmember Walker would like the Council to consider the City paying the full cost of any sidewalk repairs adjacent to school facilities. City policy currently requires that the sidewalk be repaired by the property owner who can then ask for reimbursement for one- half of the cost. City reimbursement is limited to $4.00 a square foot which means that the total cost of the work cannot exceed $8.00 a square foot. Currently several contractors are available who charge well below this amount. RECOMMENDATION: Provide direction to staff as to how to proceed. ATTACHMENTS: None cc: Public Works Director Assistant to the Public Works Director 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\SCHOOLSIDEWALKS110906.doc 3:43 PM 11/09/06 AGENDA MEMO (11-14-06 AGENDA) DATE: November 9, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider proposal for traffic engineering services to perform a Traffic Impact Analysis for the area surrounding the Chase Bank. Background. Pursuant to direction form the City Council, staff solicited a proposal from Lee Engineer to provide traffic engineering services necessary to perform a Traffic Impact Analysis (TIA) in connection with the proposed redevelopment of the Chase Bank Bids. The attached proposals from Lee Engineer were developed in response to a detailed scope of work, which addresses concerns raised at several public hearings. The consultant provided two proposals in order to expedite the process. Staff asked for an initial proposal for the traffic counts necessary to develop the TIA. We took the responsibility to ask them to proceed with work on that $11,500 contract prior to Council approval in an effort to have traffic counts completed so that they would not be influenced by holiday traffic. The second proposal, in the amount of $36,530, is for the traffic engineering services associated with the actual development of the TIA. Lee Engineering is a highly respected traffic consultant with the expertise necessary to respond to the City’s charge to develop this TIA. The work will be performed out of their Dallas office. Discussion. Staff recommends City Council approval of the two proposals and authorization for the City Manager to enter into a contract in the combined amount of $48,030 with Lee Engineering. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM Lee Engineering Legacy Dev TIA 11 14 06.doc 1:34 PM 11/09/06 AGENDA MEMO (11/14/2006 AGENDA) DATE: November 14, 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, Community Development Manager SUBJECT: Consideration of an Ordinance approving an increase of Re-inspection Fees in the Building Department. Background/Analysis: Building Department staff spends a lot of time on a daily basis dealing with complaints from residents relating to the condition of building sites. In spite of our increased efforts to step up on enforcement, many builders continue to violate the building site requirements as provided in the City’s Code of Ordinances. Staff discussed this issue with other cities, where increased fees/fines have been put in place with positive results. Recommendation Staff is recommending that the re-inspection fee be increased from $50.00 to $100.00. Attachments: Proposed Ordinance. 16529 ORDINANCE NO. __________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING SECTION 3.105 (12) “SECTION R115 BUILDING SITE REQUIREMENTS” OF THE CODE OF ORDINANCES BY ADDING SUBSECTION R115.8 TO PROVIDE FOR THE INSPECTION, STOPPAGE OF WORK, AND REINSPECTION OF BUILDING SITES; PROVIDING FOR INSPECTION AND REINSPECTION FEES; 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 FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Council has determined that the maintenance of building sites in accordance with Section R115 of the International Residential Code for One- and Two-Family Dwellings is vital to the public health, safety, and general welfare of the citizens of the City; and WHEREAS , it is necessary to enact this ordinance to establish an inspection fee, provide for stoppage of work at a building site for substandard conditions, and a reinspection fee after correction of the substandard condition; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Section 3.105 (12) of the Code of Ordinances, City of University Park, amending Section R115 of the International Residential Code for One- and Two-Family Dwellings is amended by adding a new subsection R115.8 to read as follows: Sec. 3.105 Amendments to the One- and Two-Family Dwelling Code … (12)Section R115 is amended to add the following: … R115.8 Inspection, Work Stoppage, Reinspection and Fees 1.The building site requirements of this Section R115 are mandatory and shall be strictly adhered to at all times by all persons, including owners, contractors, subcontractors, and 16529 persons working on or supplying materials to a building site in a residential district, during construction of any improvement thereon. 2.The City inspector assigned to the building site shall regularly inspect all building sites in the City during the period of construction. If the inspector shall observe any condition on a building site that is not in conformity with, or is in violation of, any building site requirement of this section R115 or any other applicable law, he shall have authority to order in writing all persons thereon to stop work immediately and to issue, post and deliver to the contractors a stop work order or “red tag” on the building describing the deficiency observed. After issuance and service on the contractor of the stop work order, no person shall perform any further work on the building or site except to the extent necessary to correct the deficiency described by the inspector in the stop work order. The stop work order shall remain in effect unless and until the deficiency is corrected to the satisfaction of the inspector. 3. When the deficiency on the building site has been corrected, the contractor shall request in person at the building department a reinspection of the building site by the inspector. The request for reinspection shall be made in writing and accompanied by a reinspection fee, the amount of which shall be set from time to time by appropriate resolution of the City Council. If the inspector, upon reinspection, shall find that the deficiency described in the stop work order has been corrected and is in compliance with this section R115 and all other applicable law, the inspector shall cancel and release the stop work order and work may then commence on the building and site.” SECTION 2. All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. 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 five hundred dollars ($500.00) for each offense. SECTION 4. 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 or the Code of Ordinances, as amended hereby, as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. 16529 SECTION 5 . This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the ______ day of ______________________2006. APPROVED: _________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: _______________________________ _________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/10-25-06; 71372) 16529 ORDINANCE NO. __________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING SECTION 3.105 (12) “SECTION R115 BUILDING SITE REQUIREMENTS” OF THE CODE OF ORDINANCES BY ADDING SUBSECTION R115.8 TO PROVIDE FOR THE INSPECTION, STOPPAGE OF WORK, AND REINSPECTION OF BUILDING SITES; PROVIDING FOR INSPECTION AND REINSPECTION FEES; 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 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 ______ day of _____________________2006. APPROVED: _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY 16529 AGENDA MEMO (11/14/2006 AGENDA) DATE: November 14, 2006 TO: Honorable Mayor and City Council FROM: Harry Persaud, Community Development Manager SUBJECT: Consideration of a Resolution amending the Master Fee Schedule to include the increased Re-inspection Fees in the Building Department. Background/Analysis: The approved Master Fee Schedule provides for a re-inspection fee of $50.00. The Resolution will amend the Master Fee Schedule to include a Re-inspection fee of $100.00 Recommendation Staff recommends approval. Attachments: Resolution RESOLUTION NO. _________________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION 05-08, THE MASTER FEE RESOLUTION, EXHIBIT “A”, SECTION II “BUILDING AND ZONING” BY AMENDING SUBSECTION 17 “REINSPECTION FEE”; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Resolution No. 05-08, the Master Fee Resolution of the City of University Park, Texas, is hereby amended by amending Exhibit “A”, Section II “Building and Zoning” to amend subsection (17) to provide a Reinspection Fee, as follows: II. BUILDING AND ZONING “ … 17. Reinspection Fee A reinspection fee may be assessed for each reinspection of work or a building site when the work for which an inspection has been called is not complete or is not in compliance with an applicable law or when a building site is not in compliance with or is in violation of an applicable law. To obtain a reinspection, a contractor or his representative shall appear in person at the Building Department, complete a form furnished by the Department requesting reinspection, and pay a reinspection fee of one hundred dollars ($100.00).” SECTION 2. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. th DULY PASSED by the City Council of the City of University Park, Texas, on the 14 day of November 2006. APPROVED: __________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: ___________________________________ __________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/10-25-06) 71376 AGENDA MEMO (11-14-06 AGENDA) DATE: November 9, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider proposal bids for construction of Dispatch/Police facilities at the City’s Peek Service Center. Background. We previously informed the City Council of the need to construct a permanent backup for the City’s Dispatch Center at City Hall, and the Council approved the architectural design contract to develop those facilities at the Peek Service Center. Additionally, the architect developed a flexible plan that would house a relocated (from City Hall) Police Department during reconstruction, and ultimately serve as the Emergency Operations Center. Like the City Hall project, Gallagher Construction Services is providing construction management, and the City will enter into individual contracts for each of the project subcontractors. The attached letter from Von Gallagher details the fourteen bids being presented to Council. Discussion. Staff and Gallagher Construction Services recommend City Council approval of bid packages BP.01-B through BP.16-A and authorization for the City Manager to enter into contracts with each contractor. Additional authorization is requested for Rone Engineering in the amount of $2,500 for testing services, and for Trinity Drywall’s request to withdraw their bid without penalty. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM Peek Ctr Dispatch-PD-EOC 11 14 06.doc 1:42 PM 11/09/06 PO Box 941209 Plano, TX 75094-1209 2600 Technology Dr., Suite 400 Plano, TX 75074 972.633.0564 972.633.0164 Fax www.gallaghertx.com November 14, 2006 Mr. Bob Livingston, City Manager City Of University Park 3800 University Drive University Park, TX 75205 Re: City of University Park, Dispatch Center and Temporary Police Station – 2006 Recommendation to Award Mr. Livingston: The City of University Park received competitive bids for the above referenced project on Tuesday, October 31, 2006. Please refer to the following bid tabulation for results. After evaluating each competitive bid, Gallagher Construction Services recommends that the City of University Park establish the project budget based on the attached Project Total Sheet and extend contract awards to the following companies in the specified amounts: BP# Scope Contractor Base Bid BP 01-B Final Building Cleaning TRI STAR CLEANING $ 3,000 BP 02-C Concrete Paving NORTH TEXAS CONTRACTING $ 51,227 BP 04-A Masonry DMG MASONRY $ 24,905 BP 06-A Millwork MEDCO CONSTRUCTION $ 5,860 BP 08-A Frames, Doors and Hardware PIPER-WEATHERFORD $ 41,919 BP 08-B Glass and Glazing JENNINGS GLASS $ 82,500 BP 09-A Drywall & Acoustical MORRIS DRYWALL $ 86,275 BP 09-B Ceramic Tile and Floor Coverings SPECTRA CONTRACT FLOORING $ 22,550 BP 09-E Painting LP PAINTING $ 22,187 BP 10-C Building Specialties UNIVERSITY BUILDING SPECIALTIES $ 6,812 BP 10-K Access Flooring PRESTIGE INTERIORS $ 25,574 BP 15-A Mechanical: Plumbing and HVAC SKI-HI ENTERPRISES $ 206,000 BP 15-D Fire Sprinkler System FIRETROL PROTECTION SYSTEMS $ 11,987 BP 16-A Electrical ABLE ELECTRIC SERVICE $ 196,900 Mr. Bob Livingston Page 2 November 14, 2006 Please note that the apparent low bidder for Bid Package 09-A, Drywall and Acoustical (Trinity Drywall) discovered an error in their bid, informed the City’s Representative immediately afterward and have requested to withdraw their bid with no penalty. Given the situation, it is our recommendation to allow Trinity Drywall to withdraw their bid and to return their bid bond to them without penalty. Further, Gallagher Construction Services recommends that the City of University Park contract professional services with the following company: Construction Materials Testing RONE ENGINEERS $ 2,500 We recommend that the City award all contracts contingent upon further negotiations with the City’s Representative and receipt of the required insurance and bonds and if the awarded contractor does not provide them, award is made to the next responsible low bidder. The City of University Park also received competitive proposals on a new Metal Building for the Facilities Maintenance Department. A tabulation of these proposals is included in the attached bid tabulation for the Dispatch Center and Temporary Police Station. After consultation with City Staff, Gallagher Construction Services recommends that the City of University Park reject all proposals for the Metal Building at this time. Gallagher Construction Services is once again honored for the opportunity to work with the City of University Park. Sincerely, GALLAGHER CONSTRUCTION SERVICES Von Gallagher, Vice President cc: Bud Smallwood – City of University Park City of University Park Dispatch Center and Temporary Police Station Renovations - 2006 TOTAL SHEET BASE BID DISPATCH/ TEMP. POLICE STATION BP#SCOPECONTRACTOR Construction Waste RemovalBy City20,000$ BP 01-BFinal Building CleaningTRI STAR CLEANING3,000$ BP 02-CConcrete PavingNORTH TEXAS CONTRACTING51,227$ BP 04-MasonryDMG MASONR$24,905 AY BP 06-MillworkMEDCO CONSTRUCTION5,860$ A BP 08-Frames, Doors and HardwarePIPER WEATHERFORD41,919$ A BP 08-BGlass and GlazingJENNINGS GLASS82,500$ BP 09-Drywall and AcousticalMORRIS DRYWALL86,275$ A BP 09-BCeramic Tile and Floor CoveringsSPECTRA CONTRACT FLOORING22,550$ BP 09-EPainting and Wall CoveringLP PAINTING22,187$ BP 10-CBuilding SpecialtiesUNIVERSITY BUILDING SPECIALTIES6,812$ BP 10-ccess FlooringPRESTIGE INTERIORS25,574$ KA BP 15-Mechanical: Plumbing & HVACSKI-HI ENTERPRISES206,000$ A BP 15-DFire Sprinkler SystemFIRETROL11,987$ BP 16-ElectricalBLE ELECTRIC SERVICE196,900$ AA Construction Materials TestingRONE ENGINEERING2,500$ Close-Out Documentation Scanning FeeEstimate3,500$ Builders' RiskEstimate5,000$ Construction ManagerGCS72,043$ CONSTRUCTION COSTS TOTAL$890,739 DESIGN FEES AND REIMBURSABLES rchitectural/Structural/MEPDesign FeesMoran and Murphy35,000$ A Geotechnical TestingRone EngineersN/ A Printing CostsEstimate3,500$ TAS ReviewsEstimate2,500$ DESIGN FEES AND REIMBURSABLES TOTAL$41,000 F,F & E Furnishings, Fixtures & Equipment50,000$ F,F & E TOTAL$50,000 MISCELLANEOUS CONTINGENCIES Data Cabling and Technology Allowance50,000$ Security Systems Allowance20,000$ Pre-Action Fire Sprinkler System Allowance15,000$ Regulatory PermitsBy City Construction Contingency 90,000$ MISCELLANEOUS CONTINGENCIES TOTAL$175,000 $1,156,739 GRAND TOTAL Page 1 of 111/6/2006 AGENDA MEMO (11-14-06 AGENDA) DATE: November 9, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider award of bids for windows for the City Hall renovation project. Background. Bids received earlier in the year were rejected by the City Council, because of the low bidder did NOT meet the specifications. The second bids was out of budgetary projections. The architect modified the specifications and new bids were solicited. As detailed in the attached bid tabulation, Pella was the low bidder at a cost of $199,808. The City Hall Oversight Committee recommended approval of the low bid. Discussion. Staff and Gallagher Construction Services recommend City Council approval of the bids and authorize the City Manager to enter into a contract in the amount of $199,808 with Pella Texas. 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 Window Bids 11 14 06.doc 1:28 PM 11/09/06 PO Box 941209 Plano, TX 75094-1209 2600 Technology Dr., Suite 400 Plano, TX 75074 972.633.0564 972.633.0164 Fax www.gallaghertx.com November 14, 2006 Mr. Bob Livingston, City Manager City Of University Park 3800 University Drive University Park, TX 75205 Re: University Park City Hall Additions and Renovations – 2006 Recommendation to Award – Wood Windows Mr. Livingston: The City of University Park received competitive proposals for the City Hall Aluminum Clad Wood Windows on Tuesday, October 31, 2006. Please refer to the following bid tabulations for results. After evaluating each competitive proposal, Gallagher Construction Services recommends that the City of University Park extend a contract award to the following company in the specified amount: BP# Scope Contractor Base Bid RFP-001 Wood Windows PELLA TEXAS $ 199,809 We recommend that the City award this contract contingent upon further negotiations with the City’s Representative and receipt of the required insurance and bonds and if the awarded contractor does not provide them, award is made to the next responsible low bidder. Gallagher Construction Services is honored for the opportunity to work with the City of University Park on this project. Sincerely, GALLAGHER CONSTRUCTION SERVICES Von Gallagher, Vice President cc: Bud Smallwood – City of University Park University Park City Hall 10/31/2006 2:00 PM WOOD WINDOW RFP - 2006 BID TABULATION B RFP-001WOOD WINDOWSBASE BID PELLA TEXAS199,808 X MARVIN WINDOWS238,851 X 1 of 1 AGENDA MEMO (11-14-06 AGENDA) DATE: November 9, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider award of bids for asbestos abatement for the City Hall renovation project. Background. Bids were received on 10.31.06 for asbestos abatement in the existing City Hall as identified in a study by Maxim Engineers. The City asked Drew Consulting Services, Inc. to review the bids and act on the City’s behalf during the abatement process. The low bidder was Certified/LVI at $67,442, however, the consultant recommends a contingency budget of 100%. Prior renovations of City Hall resulted in areas that were not accessible to the writers of the original report, and will not be so until the existing structure is renovated. The City Hall Oversight Committee recommended approval of the low bid and the consulting services. Discussion. Staff recommends City Council approval of the bid and authorization for the City Manager to enter into a contract in the amount of $134,000 with Certified/LVI. Additionally, staff recommends authorization of the consulting fees for DCSI I the amount of $15,000. 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 Asbestos Abatement Bids 11 14 06.doc 1:15 PM 11/09/06 November 01, 2006 Mr. Von Gallagher Gallagher Construction Services 2600 Technology Drive Suite 400 Plano, Texas 75094 Re: University Park City Hall Asbestos Contractor Letter of Recommendation. Dear Von: Certified/LVI Environmental, Inc. is the best and lowest bid at $67,442 for the asbestos abatement project at City Hall. Certified/LVI has worked on numerous projects for many years for Drew Consulting Services, Inc. and completed all work on time with quality workmanship. The above total may increase due to unit price bidding on materials not accessible to quantify at this time, however, the project shall stay under budget estimates. The following is a breakdown of the Asbestos Abatement cost for this project: Contractor Cost (Certified/LVI): $ 67,442.00 Consulting/Monitoring/Specs Fee (Drew Consulting): $ 15,700.00 Contingency: $ 66,538.00 T.D.H. Fee: $ 320.00 Total Projected Cost: $150,000.00 Thanks again Von and call me with any questions. (214) 384-2237. Sincerely, John Drew DREW CONSULTING SERVICES, INC. BID OPENING CITY OF UNIVERSITY PARK UNIVERSITY PARK CITY HALL ASBESTOS ABATEMENT PROJECT 2007 31-Oct-06 COMPANYBASE BIDUNIT PRICESBID SECURITY TEAM ENTERPRISES$155,000YESBB AMX$132,210YESBB ARC ABATEMENT$81,450YESBB E-LOGIC$135,143YESCC TASCO$149,500YESBB PRIORITY SERVICES$116,500YESCC SISK-ROBB$93,000YESBB CERTIFIED/LVI$67,442YESBB AGENDA MEMO (11/14/06 AGENDA) DATE: November 9, 2006 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Purchase of Newsracks ITEM: On October 3, 2006, the City passed Ordinance 06/30 regulating the type and location of newsracks at the intersections of Hillcrest & McFarlin, Hillcrest & Asbury, and Hillcrest & Granada. In addition, Ordinance 06/30 prohibits free standing newsracks anywhere within the Shopping Center District zoning classification in the retail area known as Preston Center East. Attached is a quote from Rak Systems, Inc. to deliver and install modular newsracks at the intersections of Hillcrest and McFarlin, Asbury, and Granada in the amount of $18,366.25. Rak Systems, Inc. is the same vendor that supplied the modular newsracks currently in place on Snider Plaza. Staff elected to go with a direct quote from this vendor instead of a competitive bid to ensure that the same modular racks are used for the expansion at these intersections. Rak Sytems, Inc. also provided a separate quote for the delivery and installation of a “6-pack” modular newsrack for Preston Center East. The property management company representing the property owners of Preston Center East, Venture Commercial Management, has been working with City staff to place a modular newsrack on private property within the Preston Center East shopping area. Since this modular newsrack will be placed on private property at the request of the property owner, Venture Commercial Management has agreed to pay for the newsrack. Attached is a letter from Kris Schuster, Senior Property Manager for Venture Commercial Management, indicating their willingness to reimburse the City in the amount of $2,882.59. RECOMMENDATION: Staff recommends approval of the modular newsrack purchase from Rak Systems, Inc. ATTACHMENTS: City quote from Rak Systems, Inc. for modular newsracks in the amount of $18,366.25. Preston Center East quote from Rak Systems, Inc. for modular newsracks in the amount of $2,882.59. Letter from Venture Commercial agreeing to reimburse the City in the amount of $2,882.59 for delivery and installation of newsracks from Rak Systems, Inc. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Newsracks Snider Plaza Expansion Purchase.doc 12:40 PM 11/09/06 Hillcrest & Asbury (looking east) 5500 Plantation Rd. Theodore, AL 36582 U.S.A. Phone: (251) 653-4080 ORDER FORM Date:November 07, 2006 Customer P.O. #:QUOTE REQUESTRAK P.O. #: Customer:City of University ParkJob #:City OrderShipped Via:Best Way Contact name & phone #:Robbie Corder 214-987-5460Date required: Address:3800 University BlvdP.O. Box #:Date Shipped: City, State & Zip:University Park, TX 75205 Ship To: TDB Credit Card #:Exp. Date: QUANTITYDESCRIPTIONUNIT PRICETOTAL PRICE 10 49-B-TK Modular Pay Units$262.42 $2,624.20 6 Dome Top Armored Attachments - For Above units$4.60 $27.60 32 49-DW Modular Free Units$198.11 $6,339.52 10 TK Mechanisms - For Pay Units$109.00 $1,090.00 10 Paper Door Lock Options - For Pay Units$15.00 $150.00 21 Dome Tops$50.40 $1,058.40 9 Double Wide Trays$80.00 $720.00 1 Triple Wide Trays$115.66 $115.66 11 19" Pedestals $74.17 $815.87 1 Installation Charge for above Units$4,700.00 $4,700.00 NOTES:SUBTOTAL$17,641.25 Freight In: * Freight is estimated only - as rates change daily $725.00 SALES TAX ** Above prices are subject to change based on any increases FREIGHT$725.00 Freight Out: $18,366.25 in raw materials. TOTAL 5500 Plantation Rd. Theodore, AL 36582 U.S.A. Phone: (251) 653-4080 ORDER FORM Date:November 07, 2006 Customer P.O. #:QUOTE REQUESTRAK P.O. #: Customer:City of University ParkJob #:AdditionalShipped Via:Best Way Contact name & phone #:Robbie Corder 214-987-5460Date required: Address:3800 University Blvd.P.O. Box #:Date Shipped: City, State & Zip:University Park, TX 75205 Ship To: Credit Card #:Exp. Date: QUANTITYDESCRIPTIONUNIT PRICETOTAL PRICE 3 49-B-TK Modular Pay Units$262.42 $787.26 3 Dome Top Armored Attachments$4.60 $13.80 3 49-DW Modular Free Units$198.11 $594.33 3 TK Mechanisms - For Pay Units$109.00 $327.00 3 Paper Door Lock Options - For Pay Units$15.00 $45.00 3 Dome Tops$50.40 $151.20 1 Triple Wide Tray$115.66 $115.66 2 19 " Pedestals$74.17 $148.34 1 Installation Charge for above Units$700.00 $700.00 NOTES:SUBTOTAL$2,882.59 Freight In: * Above prices are subject to change due to any increases in SALES TAX raw materials. FREIGHT Freight Out: $2,882.59 TOTAL Page 1of 1 Robbie Corder From: Kris Schuster [kschuster@venturedfw.com] Sent: Wednesday, November 08, 2006 3:15 PM To: Robbie Corder Subject: The Plaza at Preston Center - Modular Newspaper Racks α¾¾·»ô л® ±«® ½±²ª»®¿¬·±²ô Ê»²¬«®» ݱ³³»®½·¿´ Ó¿²¿¹»³»²¬ô ÔÔÝô ß ß¹»²¬ º±® Ý¿®«¬¸ñЮ»¬±² α¿¼ ß±½·¿¬»ô Ô¬¼òô ¿¹®»» ¬± ®»·³¾«®» ¬¸» Ý·¬§ ±º ˲·ª»®·¬§ п®µ ¿¬ ¬±¬¿´ ±º üîôèèîòëç º±® ±²» ±º ¬¸» ²»© ³±¼«´¿® ²»©°¿°»® ®¿½µò ̸· ¿³±«²¬ ·²½´«¼» ¬¸» °«®½¸¿» ¿²¼ ·²¬¿´´¿¬·±² ±º ¬¸» «²·¬ò ׺ §±« ©·´´ ´»¬ ³» µ²±© ©¸»² §±« ¸¿ª» º·²¿´ ¿°°®±ª¿´ º®±³ ½±«²½·´ ¬± ±®¼»® ¬¸»»ô ×ù´´ ·«» ¿ ½¸»½µ º±® ¬¸· ¿³±«²¬ ¿²¼ ¼»´·ª»® ·¬ ¬± §±«® ±ºº·½»ò ɸ»² §±« ¸¿ª» ¬¸» º·²¿´ °«®½¸¿» ±®¼»® ·²º±®³¿¬·±²ô × ©±«´¼ ¿°°®»½·¿¬» ®»½»·ª·²¹ ¿ ½±°§ ±º ·¬ ¬± ¿¬¬¿½¸ ¬± ¬¸» ½¸»½µ ©» ·«»¼ò ̸¿²µ ¿¹¿·² º±® §±«® ¿·¬¿²½» ±² ¬¸· °®±¶»½¬ò É» ¿®» ª»®§ »¨½·¬»¼ ¿¾±«¬ ¬¸» ²»© «²·¬ ¿²¼ ½¿²ù¬ ©¿·¬ ¬± ¸¿ª» ·¬ ·² °´¿½» ¬¸» ±´¼ ²»©°¿°»® «²·¬ ®»³±ª»¼ º®±³ ¬¸» °®±°»®¬§ò Õ®· Kris A. Schuster (kschuster@venturedfw.com) Senior Property Manager Venture Commercial Management, LLC 8311 Preston Center Plaza Drive Dallas, Texas 75225 469-232-0000 (telephone) 469-232-0001 (facsimile) This transmission (including any attachments) is confidential, may be privileged, and is only for the use of addressee of this message. Unless you are the addressee, you may not use, copy, or disclose this transmission to anyone. If you received this transmission in error, please notify me and delete this email. ***The sender disavows any intention to create an agreement or an electronic signature by means of this transmission*** 11/8/2006 AGENDA MEMO (11/14/06 AGENDA) DATE: November 9, 2006 TO: Honorable Mayor and City Council FROM: Jacob Speer, Assistant Director of Public Works SUBJECT: Request by T-Mobile to locate cellular equipment at Fondren water tower site ITEM: Staff was contacted by a representative of T-Mobile who was interested in locating cellular antennas and equipment at 2601 Fondren. Staff explained that a similar request at the Northwest Highway water tower was denied by the Council. However, T-Mobile requested consideration of their proposal. T-Mobile submitted both a letter of agreement and a draft lease for the City’s consideration. Staff’s security concerns regarding the Northwest Highway tower are also applicable to this request. Additionally, the Fondren site is fenced in with locked gates at each drive entrance. This would require a staff person to be present each time T-Mobile needed to access the site. This site is also currently used by the fire department for training exercises. T-Mobile’s proposed lease includes a $100 per month lease payment. Clearly, that amount is insufficient for this use. RECOMMENDATION: Staff recommends that T-Mobile’s request to locate cellular communication equipment at 2601 Fondren be denied. ATTACHMENTS: ? Proposed Letter of Agreement ? Proposed Lease 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Fondren T-Mobile 11-14-06.doc 3:06 PM 11/09/06 Date: 9-22-06 Gregory Carranza Civil Solutions Incorporated/ T-Mobile Cell 917-626-5243 Fax 603-697-6330 Re: Fondren Street Water Tank _________________________________________________________________ Dear Robbie Courder: (“T-Mobile”), the newest wireless phone provider in Dallas is interested in T-Mobile Texas, LP leasing space on your property for the purpose of locating communications equipment. In order to evaluate the property as a potential candidate, T-Mobile would like to request the right to enter the property to perform reasonable tests. The tests are to determine the feasibility of constructing and operating our communications facility on your property and would include (but may not be limited to) radio frequency testing and filing of land use applications. T-Mobile agrees to indemnify, defend, and hold you harmless from and against any and all damages, losses, and expenses arising out of or resulting from any claim, action, or other proceeding that is based upon any negligent act or omission or willful misconduct of T-Mobile or its contractors, arising in connection with access to the property. The purpose of this letter is to confirm that you are the owner of the property, that you have an interest in leasing a portion of the property for a communications site, and that you grant T- Mobile and its contractors permission to enter your property to perform any reasonable tests. Please sign below indicating your consent to allow T-Mobile to perform an on-site feasibility assessment of the property. We both acknowledge that no commitments have been made that would require either of us to enter into a legally binding contract. Owner By: Name: Its: T-Mobile Texas, LP By: Name: Its: TOWER LEASE TRANSMITTAL Site Number: <SITE NUMBER> Date Turned In: ______________________________ Site Name: <Site Name> Market: Dallas Site Acquisition Coordinator: <NAME OF COORDINATOR> Attached please find:Market Information 3 Landlord-signed leases Market Entity Name: T-Mobile Texas, LP 1 Landlord-signed/notarized memorandums Type of Entity: limited partnership Owner Authorization Agreement Market address: 7668 Warren Pkwy Landlord-signed W-9 Frisco, TX 75034 )Director Name: Jeff Hooper (if applicable Authorization to sign lease Director Title: Area Director, Engineering and Operations NOTE: Enter a space (“ ”) into any fields which do not apply Landlord Information Landlord Name: <Landlord Name> 2nd Landlord <and> <2nd Landlord, if any> Landlord Entity: <Landlord Entity> Name (i.e. individual, corporation, LLC, etc.) ? Additional Mailing Address (if any) : Mailing Address: <LLMailingAddress> Mailing Address: <Additional LL Mailing Address> <City, State, Zip> <City, State, Zip> Phone Number: <Telephone> Phone Number: <Telephone> Fax Number: <Facsimile> Fax Number <Facsimile> Site Information Option Terms Site Address: <Site Address> Option Amount: $100.00 = one hundred dollars <Site City/County/State/Zip> Option Term: twelve (12) months Square Footage: square feet Option Renewal $100.00 = one hundred dollars Amt: Parcel Number: <Assessor's Tax Parcel Number> Option Renewal twelve (12) months Term: AGL: 300 Lease Terms Payee Name: <Payee (i.e. to whom is rent check made out?) > Rent Amount: $100.00 = one hundred dollars If rent is to be paid annually enter the equivalent monthly Rent Frequency: Monthly Rent Increase: 102% = one hundred two percent amount and revise the addendum stating it needs to be paid Lease Term: five (5) years annually. If CPI to be used leave defaults and add a Renewal Terms: five (5) additional five-year terms paragraph to the addendum. Cancel Terms: sixty (60) days prior Insurance: One Million ($1,000,000.00) Instructions: The preamble and section 12 and signature blocks and Addendum and exhibits and MOL are unprotected. Be sure to check these carefully and format properly – make corrections. BE CAREFUL! Comments (no non-standard terms) Approved by: Real Estate Manager Date General Manager/Director Date Legal Department Date Vice President (if applicable) Date TOWER LEASE WITH OPTION THIS TOWER LEASE WITH OPTION (this “Lease”) is by and between <Landlord Name> <and> <2nd Landlord, if any>, a(n) <Landlord Entity> (“Landlord”) and T-Mobile Texas, LP, a Delaware limited partnership (“Tenant”). 1. Option to Lease. (a) In consideration of the payment of one hundred and no/100 dollars ($100.00) (the “Option Fee”) by Tenant to Landlord, Landlord hereby grants to Tenant an option to lease a portion of the real property described in the attached Exhibit A (the “Property”), together with the right to use the tower located thereon (“Tower”), on the terms and conditions set forth herein (the “Option”). The Option shall be for an initial term of twelve (12) months, commencing on the Effective Date (as defined below) (the “Option Period”). The Option Period may be extended by Tenant for an additional twelve (12) months upon written notice to Landlord and payment of the sum of one hundred and no/100 dollars ($100.00) (“Additional Option Fee”) at any time prior to the end of the Option Period. (b) During the Option Period and any extension thereof, and during the Initial Term and any Renewal Term (as those terms are defined below) of this Lease, Landlord agrees to cooperate with Tenant in obtaining, at Tenant’s expense, all licenses and permits or authorizations required for Tenant’s use of the Premises (as defined below) from all applicable government and/or regulatory entities (including, without limitation, zoning and land use authorities, and the Federal Communication Commission (“FCC”) (“Governmental Approvals”), including all land use and zoning permit applications, and Landlord agrees to cooperate with and to allow Tenant, at no cost to Landlord, to obtain a title report, zoning approvals and variances, land-use permits. Landlord expressly grants to Tenant a right of access to the Property to perform any surveys, soil tests, and other engineering procedures or environmental investigations (“Tests”) on the Property deemed necessary or appropriate by Tenant to evaluate the suitability of the Property for the uses contemplated under this Lease. During the Option Period and any extension thereof, and during the Initial Term or any Renewal Term of this Lease, Landlord agrees that it will not interfere with Tenant’s efforts to secure other licenses and permits or authorizations that relate to other property. During the Option Period and any extension thereof, Tenant may exercise the Option by so notifying Landlord in writing, at Landlord’s address in accordance with Section 12 hereof. (c) If Tenant exercises the Option, then Landlord hereby leases to Tenant that portion of the Tower and Property sufficient for placement of the Antenna Facilities (as defined below), together with all necessary space and easements for access and utilities, as generally described and depicted in the attached Exhibit B (collectively referred to hereinafter as the “Premises”). The Premises, located at <Site Address>, <Site City/County/State/Zip>, comprises approximately square feet. Tenant’s location on the Tower shall be at 300 feet above ground level. 2. Term. The initial term of this Lease shall be five (5) years commencing on the date of exercise of the Option (the “Commencement Date”), and terminating at midnight on the last day of the initial term (the “Initial Term”). 3. Renewal. Tenant shall have the right to extend this Lease for five (5) additional and successive five-year terms (each a "Renewal Term") on the same terms and conditions as set forth herein. This Lease shall automatically renew for each successive Renewal Term unless Tenant notifies Landlord, in writing, of Tenant's intention not to renew this Lease, at least thirty (30) days prior to the expiration of the Initial Term or any Renewal Term. If Tenant shall remain in possession of the Premises at the expiration of this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed a month-to-month tenancy under the same terms and conditions of this Lease. 4. Rent. (a) From and after the Commencement Date, Tenant shall pay Landlord or designee, as rent, one hundred and no/100 dollars ($100.00) per month (“Rent”). The first payment of Rent shall be due within twenty (20) days following the Commencement Date and shall be prorated based on the days remaining in the month following the Commencement Date, and thereafter Rent will be payable monthly in advance by the fifth day of each month to Landlord at the address specified in Section 12 below. If this Lease is terminated for any reason (other than a default by Tenant) at a time other than on the last day of a month, Rent shall be prorated as of the date of termination and all prepaid Rent shall be immediately refunded to Tenant. (b) During the Initial Term and any Renewal Terms, monthly Rent shall be adjusted , effective on the first day of each year of the Initial or Renewal Term, and on each such subsequent anniversary thereof, to an amount equal to one hundred two percent (102%) of the monthly Rent in effect immediately prior to the adjustment date. 5. Permitted Use. The Premises may be used by Tenant for the transmission and reception of radio communication signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related facilities, including, without limitation, tower and base, antennas, microwave dishes, equipment shelters and/or cabinets and related activities. 6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord or lessees or licensees of Landlord with rights in the Property prior in time to Tenant’s (subject to Tenant’s rights under this Lease, including, without limitation, non-interference). Similarly, Landlord shall not use, nor shall Landlord permit its lessees, licensees, employees, invitees or agents to use, any portion of the Property in any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who shall, upon written notice from the other, be responsible for terminating said interference. In the event any such 1 Site Number: <SITE NUMBER> Tower Lease - version 6.30.06 Site Name: <Site Name> Market: Dallas interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice. 7. Improvements; Utilities; Access. (a) Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities necessary to operate its communications system, including, without limitation, radio transmitting and receiving antennas, microwave dishes, equipment shelters and/or cabinets and related cables and utility lines and a location based system, as such location based system may be required by any county, state or federal agency/department, including, without limitation, additional antenna(s), coaxial cable, base units and other associated equipment (collectively, the “Antenna Facilities”). Tenant shall have the right to alter, replace, expand, enhance and upgrade the Antenna Facilities at any time during the term of this Lease. Tenant shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances. Landlord acknowledges that it shall neither interfere with any aspects of construction nor attempt to direct construction personnel as to the location of or method of installation of the Antenna Facilities and the Easements (as defined below). The Antenna Facilities shall remain the exclusive property of Tenant and shall not be considered fixtures. Tenant shall have the right to remove the Antenna Facilities at any time during and upon the expiration or termination of this Lease. (b) Tenant, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities, including, without limitation, the construction of a fence. (c) Tenant shall, at Tenant’s expense, keep and maintain the Antenna Facilities now or hereafter located on the Property in commercially reasonable condition and repair during the term of this Lease, normal wear and tear and casualty excepted. Upon termination or expiration of this Lease, the Premises shall be returned to Landlord in good, usable condition, normal wear and tear and casualty excepted. (d) Tenant shall have the right to install utilities, at Tenant’s expense, and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators). Landlord agrees to use reasonable efforts in assisting Tenant to acquire necessary utility service. Tenant shall, wherever practicable, install separate meters for utilities used on the Property by Tenant. In the event separate meters are not installed, Tenant shall pay the periodic charges for all utilities attributable to Tenant’s use, at the rate charged by the servicing utility. Landlord shall diligently correct any variation, interruption or failure of utility service. (e) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant easements on, under and across the Property for ingress, egress, utilities and access (including access for the purposes described in Section 1) to the Premises adequate to install and maintain utilities, including, but not limited to, the installation of power and telephone service cable, and to service the Premises and the Antenna Facilities at all times during the Initial Term of this Lease and any Renewal Term (collectively, the “Easements”). The Easements provided hereunder shall have the same term as this Lease. (f) Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises at all times during the Initial Term of this Lease and any Renewal Term, at no charge to Tenant. (g) Landlord shall maintain and repair all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow vehicular and pedestrian access at all times, at its sole expense, except for any damage to such roadways caused by Tenant. 8. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows: (a) upon thirty (30) days’ written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within such thirty (30) day period; (b) immediately upon written notice by Tenant if Tenant notifies Landlord of any unacceptable results of any Tests prior to Tenant’s installation of the Antenna Facilities on the Premises, or if Tenant does not obtain, maintain, or otherwise forfeits or cancels any license (including, without limitation, an FCC license), permit or any Governmental Approval necessary to the installation and/or operation of the Antenna Facilities or Tenant’s business; (c) upon thirty (30) days’ written notice by Tenant if Tenant determines that the Property or the Antenna Facilities are inappropriate or unnecessary for Tenant’s operations for economic or technological reasons; (d) immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so as in Tenant’s reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the Premises and/or the Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction; or (e) at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a portion of the Property sufficient in Tenant’s determination to render the Premises unsuitable for Tenant’s use. Landlord and Tenant shall each be entitled to pursue their own 2 Site Number: <SITE NUMBER> Tower Lease - version 6.30.06 Site Name: <Site Name> Market: Dallas separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation. 9. Default and Right to Cure. Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity, each party shall have the right, but not the obligation, to terminate this Lease on written notice pursuant to Section 12 hereof, to take effect immediately, if the other party fails to perform any covenant or commits a material breach of this Lease and fails to diligently pursue a cure thereof to its completion after thirty (30) days’ written notice specifying such failure of performance or default. 10. Taxes. Landlord shall pay when due all real property taxes for the Property, including the Premises. In the event that Landlord fails to pay any such real property taxes or other fees and assessments, Tenant shall have the right, but not the obligation, to pay such owed amounts and deduct them from Rent amounts due under this Lease. Notwithstanding the foregoing, Tenant shall pay any personal property tax, real property tax or any other tax or fee which is directly attributable to the presence or installation of Tenant’s Antenna Facilities, only for so long as this Lease remains in effect. If Landlord receives notice of any personal property or real property tax assessment against Landlord, which may affect Tenant and is directly attributable to Tenant’s installation, Landlord shall provide timely notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such assessment, whether in a Court, administrative proceeding, or other venue, on behalf of Landlord and/or Tenant. Further, Landlord shall provide to Tenant any and all documentation associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this Section 10. In the event real property taxes are assessed against Landlord or Tenant for the Premises or the Property, Tenant shall have the right, but not the obligation, to terminate this Lease without further liability after thirty (30) days’ written notice to Landlord, provided Tenant pays any real property taxes assessed as provided herein. 11. Insurance and Subrogation and Indemnification. (a) Tenant and Landlord each will maintain Commercial General Liability Insurance in amounts of One Million and no/100 Dollars ($1,000,000.00) per occurrence and Two Million and no/100 Dollars ($2,000,000.00) aggregate. Each party may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance such party may maintain. (b) Tenant and Landlord shall each maintain “all risk” or “special causes of loss” property insurance on a replacement cost basis for their respective owned real and/or personal property. (c) Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder. In the event of such insured loss, neither party’s insurance company shall have a subrogated claim against the other. (d) Subject to the property insurance waivers set forth in subsection 11(c), Landlord and Tenant each agree to indemnify and hold harmless the other party from and against any and all claims, damages, costs and expenses, including reasonable attorney fees, to the extent caused by or arising out of the negligent acts or omissions or willful misconduct in the operations or activities on the Property by the indemnifying party or the employees, agents, contractors, licensees, tenants and/or subtenants of the indemnifying party, or a breach of any obligation of the indemnifying party under this Lease. The indemnifying party’s obligations under this section are contingent upon its receiving prompt written notice of any event giving rise to an obligation to indemnify the other party and the indemnified party’s granting it the right to control the defense and settlement of the same. (e) Notwithstanding anything to the contrary in this Lease, the parties hereby confirm that the provisions of this Section 11 shall survive the expiration or termination of this Lease. (f) Tenant shall not be responsible to Landlord, or any third-party, for any claims, costs or damages (including, fines and penalties) attributable to any pre-existing violations of applicable codes, statutes or other regulations governing the Property. 12. Notices. All notices, requests, demands and other communications shall be in writing and are effective three (3) days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next-business-day delivery via a nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party. If to Tenant, to: Frisco, TX 75034 T-Mobile USA, Inc. Attn: Lease Administration Manager th 12920 SE 38 Street Bellevue, WA 98006 Attn: PCS Lease Administrator With a copy to: Attn: Legal Dept. And with a copy to: T-Mobile Texas, LP 7668 Warren Pkwy 3 Site Number: <SITE NUMBER> Tower Lease - version 6.30.06 Site Name: <Site Name> Market: Dallas With a copy to: Attn: Legal Dept. [notices continued on next page] 4 Site Number: <SITE NUMBER> Tower Lease - version 6.30.06 Site Name: <Site Name> Market: Dallas If to Landlord, toSend Rent payments to : : <Landlord Name> <Payee (i.e. to whom is rent check made out?) > <LLMailingAddress> <LLMailingAddress> <City, State, Zip> <City, State, Zip> And with a copy to: <2nd Landlord, if any> <Additional LL Mailing Address> <City, State, Zip> 13. Quiet Enjoyment, Title and Authority. As of the Effective Date and at all times during the Initial Term and any Renewal Terms of this Lease, Landlord covenants and warrants to Tenant that (i) Landlord has full right, power and authority to execute and perform this Lease; (ii) Landlord has good and unencumbered fee title to the Property free and clear of any liens or mortgages, except those heretofore disclosed in writing to Tenant and which will not interfere with Tenant’s rights to or use of the Premises; (iii) execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Landlord; and (iv) Tenant’s quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period. 14. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical or waste (collectively, “Hazardous Substance”) on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance not caused solely by Tenant, that have occurred or which may occur on the Property. Each party agrees to defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability (collectively, “Claims”) including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence of any Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment (collectively, “Actions”), that relate to or arise from the indemnitor’s activities on the Property. Landlord agrees to defend, indemnify and hold Tenant harmless from Claims resulting from Actions on the Property not caused by Landlord or Tenant prior to and during the Initial Term and any Renewal Term. The indemnifications in this section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section 14 shall survive the termination or expiration of this Lease. 15. Assignment and Subleasing. Tenant shall have the right to assign or otherwise transfer this Lease and the Easements (as defined above) granted herein upon written notice to Landlord. Upon such assignment, Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Lease and all obligations hereunder. Tenant may sublease the Premises, upon written notice to Landlord. Landlord shall have the right to assign or otherwise transfer this Lease and the Easements granted herein, upon written notice to Tenant except for the following; any assignment or transfer of this Lease which is separate and distinct from a transfer of Landlord’s entire right, title and interest in the Property, shall require the prior written consent of Tenant which may be withheld in Tenant’s sole discretion. Upon assignment and including such assignment where Tenant’s consent is required and received, Landlord shall be relieved of all liabilities and obligations hereunder and Tenant shall look solely to the assignee for performance under this Lease and all obligations hereunder. Additionally, notwithstanding anything to the contrary above, Landlord or Tenant may, upon notice to the other, grant a security interest in this Lease (and as regards the Tenant and the Antenna Facilities), and may collaterally assign this Lease (and as regards the Tenant and the Antenna Facilities) to any mortgagees or holders of security interests, including their successors or assigns (collectively “Secured Parties”). In such event, Landlord or Tenant, as the case may be, shall execute such consent to leasehold financing as may reasonably be required by Secured Parties. 16. Successors and Assigns. This Lease and the Easements granted herein shall run with the land, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 17. Waiver of Landlord’s Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof, which shall be deemed personalproperty for the purposes of this Lease, whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Secured Parties the right to remove all or any portion of the same from time to time, whether before or after a default under this Lease, in Tenant’s and/or Secured Party’s sole discretion and without Landlord’s consent. 18. Miscellaneous. (a) The prevailing party in any litigation arising hereunder shall be entitled to reimbursement from the other party of its reasonable attorneys’ fees and court costs, including appeals, if any. 5 Site Number: <SITE NUMBER> Tower Lease - version 6.30.06 Site Name: <Site Name> Market: Dallas (b) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements with respect to the subject matter and property covered by this Lease. Any amendments to this Lease must be in writing and executed by both parties. (c) Landlord agrees to cooperate with Tenant in executing any documents necessary to protect Tenant’s rights in or use of the Premises. A Memorandum of Lease in substantially the form attached hereto as Exhibit C may be recorded in place of this Lease by Tenant. (d) In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees, upon request of Tenant, to obtain and furnish to Tenant a non-disturbance and attornment agreement for each such mortgage or deed of trust, in a form reasonably acceptable to Tenant. (e) Tenant may obtain title insurance on its interest in the Premises. Landlord agrees to execute such documents as the title company may require in connection therewith. (f) This Lease shall be construed in accordance with the laws of the state in which the Property is located, without regard to the conflicts of law principles of such state. (g) If any term of this Lease is found to be void or invalid, the remaining terms of this Lease shall continue in full force and effect. Any questions of particular interpretation shall not be interpreted against the drafter, but rather in accordance with the fair meaning thereof. No provision of this Lease will be deemed waived by either party unless expressly waived in writing by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provision of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. (h) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacities as indicated. (i) This Lease may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. (j) All Exhibits referred to herein and any Addenda are incorporated herein for all purposes. The parties understand and acknowledge that Exhibits A and B may be attached to this Lease and the Memorandum of Lease, in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, Exhibits A and/or B, as the case may be, may be replaced by Tenant with such final, more complete exhibit(s). (k) If either party is represented by any broker or any other leasing agent, such party is responsible for all commission fee or other payment to such agent, and agrees to indemnify and hold the other party harmless from all claims by such broker or anyone claiming through such broker. 19. Tower Marking and Lighting Requirements. Landlord acknowledges that it, and not Tenant, shall be responsible for compliance with all Tower marking and lighting requirements of the Federal Aviation Administration (“FAA”) and the FCC. Landlord shall indemnify and hold Tenant harmless from any fines or other liabilities caused by Landlord’s failure to comply with such requirements. Should Tenant be cited by either the FCC or FAA because the Tower is not in compliance and, should Landlord fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, Tenant may either terminate this Lease immediately on notice to Landlord or proceed to cure the conditions of noncompliance at Landlord’s expense, which amounts may be deducted from Rent otherwise payable under this Lease. The effective date of this Lease is the date of execution by the last party to sign (the “Effective Date”). LANDLORD: <Landlord Name> By: Printed Name: Title: Date: LANDLORD: <2nd Landlord, if any> By: Printed Name: 6 Site Number: <SITE NUMBER> Tower Lease - version 6.30.06 Site Name: <Site Name> Market: Dallas Title: Date: TENANT: T-Mobile Texas, LP By: T-Mobile West Corporation, its General Partner By: Printed Name: Jeff Hooper Title: Area Director, Engineering and Operations Date: T-Mobile Legal Approval 7 Site Number: <SITE NUMBER> Tower Lease - version 6.30.06 Site Name: <Site Name> Market: Dallas EXHIBIT A Legal Description The Property is legally described as follows: [Enter legal description here or on attachment(s).] 8 Site Number: <SITE NUMBER> Tower Lease - version 6.30.06 Site Name: <Site Name> Market: Dallas EXHIBIT B The location of the Premises within the Property (together with access and utilities) is more particularly described and depicted as follows: [Enter Premises description here or on attachment(s).] 9 Site Number: <SITE NUMBER> Tower Lease - version 6.30.06 Site Name: <Site Name> Market: Dallas EXHIBIT C Memorandum of Lease 10 Site Number: <SITE NUMBER> Tower Lease - version 6.30.06 Site Name: <Site Name> Market: Dallas MEMORANDUM OF LEASE Assessor’s Parcel Number: <Assessor's Tax Parcel Number> Between <Landlord Name> <and> <2nd Landlord, if any> (“Landlord”) and T-Mobile Texas, LP (“Tenant”) A Tower Lease with Option (the “Lease”) by and between <Landlord Name> <and> <2nd Landlord, if any>, a(n) <Landlord Entity> (“Landlord”) and T-Mobile Texas, LP, a Delaware limited partnership (“Tenant”) was made regarding a portion of the following property: See Attached Exhibit “A” incorporated herein for all purposes The Option is for a term of twelve (12) months after the Effective Date of the Lease (as defined under the Lease), with up to one additional twelve (12) month renewal (“Optional Period”). The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the “Commencement Date”). Tenant shall have the right to extend this Lease for five (5) additional and successive five-year terms. IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign. LANDLORD: <Landlord Name> By: Printed Name: Title: Date: LANDLORD: <2nd Landlord, if any> By: Printed Name: Title: Date: TENANT: T-Mobile Texas, LP By: T-Mobile West Corporation, its General Partner By: Printed Name: Jeff Hooper Title: Area Director, Engineering and Operations Date: Printed Name: 1 Site Number: <SITE NUMBER> Tower Lease - version 6.30.06 Site Name: <Site Name> Market: Dallas [Notary block for Landlord] [Landlord Notary block for a Corporation, Partnership ,or Limited Liability Company] STATE OF ____________________ ) ) ss. COUNTY OF __________________ ) This instrument was acknowledged before me on ________________________ by ____________________________, [title] ___________________________ of ____________________________ a ___________________________ [type of entity], on behalf of said ______________________ [name of entity]. Dated: ________________________ Notary Public Print Name My commission expires (Use this space for notary stamp/seal) [Landlord Notary block for an Individual] STATE OF __________________ ) ) ss. COUNTY OF ________________ ) This instrument was acknowledged before me on __________ by ________________________ <and> <2nd Landlord, if any>. Dated: ________________________ Notary Public Print Name My commission expires (Use this space for notary stamp/seal) 2 Site Number: <SITE NUMBER> Tower Lease - version 6.30.06 Site Name: <Site Name> Market: Dallas [Notary block for Tenant] STATE OF ____________________ ) ) ss. COUNTY OF __________________ ) I certify that I know or have satisfactory evidence that Jeff Hooper is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Area Director, Engineering and Operations of T-Mobile Texas, LP, a Delaware limited partnership, to be the free and voluntary act of such party for the uses and . purposes mentioned in the instrument Dated: ________________________ Notary Public Print Name My commission expires (Use this space for notary stamp/seal) 3 Site Number: <SITE NUMBER> Tower Lease - version 6.30.06 Site Name: <Site Name> Market: Dallas Memorandum of Lease Exhibit A Legal Description The Property is legally described as follows: 4 Site Number: <SITE NUMBER> Tower Lease - version 6.30.06 Site Name: <Site Name> Market: Dallas ADDENDUM TO TOWER LEASE WITH OPTION [Additional Terms] In the event of conflict or inconsistency between the terms of this Addendum and this Lease, the terms of the Addendum shall govern and control. All capitalized terms shall have the same meaning as in this Lease. NONE. LANDLORD: <Landlord Name> By: Printed Name: Title: Date: LANDLORD: <2nd Landlord, if any> By: Printed Name: Title: Date: TENANT: T-Mobile Texas, LP By: T-Mobile West Corporation, its General Partner By: Printed Name: Jeff Hooper Title: Area Director, Engineering and Operations Date: Addendum to Tower Lease With Option – Page 1 Site Number: <SITE NUMBER> Tower Lease - version 6.30.06 Site Name: <Site Name> Market: Dallas PARK ADVISORY BOARD MEETING MINUTES October 17, 2006 The Park Advisory Board of the City of University Park met on Tuesday, October 17, 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 Julia Baltser Bruce Collins Liz Farley Darrell Lane Carol Seay Jacky Spears Jeff Turpin Alan Wasserman Absent & Excused: Mac Fuller Stan Tucker Staff Members Attending: James "Blackie" Holmes - Mayor Bob Livingston - City Manager Gerry Bradley - Parks Director Brent Jones - Urban Forester Amber Lively - Administrative Secretary Mr. Gary Olp of the firm GGOArchitects was in attendance to present the concept drawings for Coffee 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 September 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 1. Swimming Poo/- 3 Meter Diving Board Brent Jones is the City's Urban Forester and also the Aquatics Manager for the swimming pool. Mr. Jones was on hand to go over the state regulations regarding three (3) meter diving boards and to discuss with the Board the issue of removing the City's high dive and replacing it with a comparable item such as a slide or lower diving board. Mr. Jones began by giving the Board a brief over view of the revenue for the past pool season. These figures included revenue generated from both season passes and daily passes, concessions, pool parties and swim lessons. After including the operation costs for running the pool for the season, the final revenue for the 2006 pool season was $65,796.00. Staff has made numerous improvements to the pool facility over the years and would like to continue so that more programs can be offered for adults and children and to keep the attendance levels up each pool season. With this being said, Mr. Jones brought the Board's attention to the subject of the three (3) meter diving board which is currently in place along with a one (1) meter board. The state regulation passed in 2004 requires that a pool have a minimum of 19 feet, 9 inch clearance for a three (3) meter board to be in place. Our pool does not meet this state regulation, but does meet the board manufacturer's requirement of 10ft, 6in. Because of the year that the pool was built, it has not been required that the board be removed. However, Staff feels that the board is a liability issue and notes that many other cities have removed their three (3) meter boards in recent years. It is the recommendation of staff that the board be removed and that quotes be obtained for the purchase of a slide or comparable amenity to be installed in its place. After hearing the information and seeing some possible options for replacing the three (3) meter board the Board briefly discussed what should be done in regards to the board. Several Board members felt that the slide is a popularity factor for the pool and that removing it may cause a drop in the pool's attendance. These individuals recommended that cost estimates should be obtained to see how much it would cost to bring the pool up to the state regulation in order to keep the board. Most Board members felt that the three (3) meter board is too much of a liability and that it should be removed. These members felt that replacing the board with a slide would be sufficient in keeping the attendance levels and popularity up. With this, Mr. Wasserman formed a motion that the three (3) meter board be removed and that Staff research an alternative for its replacement. The motion was seconded by Mrs. Farley and approved by the Board. 2. Coffee Park Master Plan Gary Olp with GGOArchitects was present at the meeting to go over the concept plan for Coffee Park. Mr. Olp developed the concept after talking with the Board during the August meeting and determining what the Board wanted to see in the design. The overall theme of the concept is spaces in spaces and there will be many new features that support this main idea. The biggest detail change to the current look will be the reorientation of the baseball field. The concept plan is to move it to the northeast corner of the park which will open up the south side of the park to create more of an entryway and inviting area. Stone dugouts will be made for the baseball players. A pathway will be added that will encircle the entire park and will measure around 3/8 of a mile. Entrances will be created on both the southwest and southeast corners of the park along Villanova. The one to the east will feature park signage similar to those at Curtis and Williams parks. The one to the west will have a small water feature, benches and large stones. The stones could potentially be used for carvings with donor names or pieces of literature. A shade structure will be built around the playground area that will allow for seating underneath. A meditation garden area will be placed in the northeast corner of the park. Perennial and seasonal color will be used throughout the park's landscape. After going over the drawing of the entire park, Mr. Olp went into detail on each section and new feature. After Mr. Olp's presentation, the floor was opened for Board discussion. Overall most members seemed pleased with the concept. However, there were several questions and concerns that were voiced. The pathway raised many questions with members such as what material it would be constructed of, ADA requirements, width, and maintenance issues. Mr. Olp feels that a mixture of concrete and crushed or decomposed granite would make for a nice pathway that will be geared towards walkers instead of skateboarders and bicyclists. There is also very little maintenance issues with these materials. Board members were also concerned about a wall being built on the Hillcrest side as a barrier and what would be done with the existing playground equipment. Mr. Olp has included a bordering wall in the concept which will be between 4-5 feet tall and will be constructed of bricks, stone monoliths and iron fencing. Mr. Bradley informed the Board that Staff is planning on replacing the existing equipment due to safety reasons. The old playground will be replaced with new structures that will be divided for different age groups. Board members also had several suggestions for changes to the concept. These included adding a water feature to the meditation garden and having the pathway go around the garden instead of through it. Another suggestion was that the design be flipped so that the playground would be located farther away from Hillcrest. After the discussion, it was deemed that the Board was comfortable with the concept with just a few changes being made. Mr. Bradley will be contacting the surrounding homeowners to inform them about the future plans for the park area prior to bringing the item to City Council. 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. Board members had several questions regarding current projects such as the basketball court at Burleson, the tree ordinance, and Potomac Park. The concrete is due to be poured for the basketball court on October 18th and the entire project should be completed by October 27th. The revised draft of the tree ordinance will be taken to the committee for approval and hopefully taken to Council no later than the last meeting in December. The Mayor informed members that there will probably be a public hearing regarding Potomac Park in February and then it will have to go to an election. Adjournment There being no further business of the Park Board, the meeting was adjourned by Mr. Pardoe. . ~he ~ me.eting of the Park Board is scheduled for Tuesday. November 21 st. t~ ~~ -'O.'2l.~ William Partloe, Chairman Date Park Advisory Board