HomeMy WebLinkAboutAgenda 12-19-06 Web A G E N D A
#2631
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK
CITY HALL COUNCIL CHAMBERS
TUESDAY, DECEMBER 19, 2006 AT 5:00 P.M.
3:00-4:00 PM EXECUTIVE SESSION TO RECEIVE ADVICE FROM CITY
ATTORNEY REGARDING CONTEMPLATED LITIGATION
4:00-5:00 PM WORK SESSION FOR AGENDA REVIEW
I.INVOCATION
– Mayor Pro Tempore Harry Shawver
II. PLEDGE OF ALLEGIANCE
– Mayor Pro Tempore Harry Shawver/Boy Scouts
III.INTRODUCTION OF COUNCIL –
Mayor James H. Holmes, III
IV.INTRODUCTION OF STAFF
– City Manager Bob Livingston
V. CONSENT AGENDA
A.CONSIDER: Amendment to TXU Ordinance
B.CONSIDER: Resolution authorizing set-up of bank account for health
insurance program
C.CONSIDER: Ordinance for regulation of food establishments, temporary
health permits and permit fee
D.CONSIDER: Resolution amending Master Fee Schedule
E.CONSIDER: Approval of City Council Meeting Minutes for December 5,
2006
VI.MAIN AGENDA
A.PUBLIC HEARING: To amend the Comprehensive Zoning Ordinance by
providing specific regulations for building setback and building height for
Block H, Preston Center Plaza
B.CONSIDER: Ordinance amending Comprehensive Zoning Ordinance by
providing specific regulations for building setback and building height for
Block H, Preston Center Plaza
C.REPORT: Regarding special exception for 8’ wrought iron fence in front
yard at 6023 St. Andrews
D.REPORT: Regarding planter box installed in public right-of-way at 6700
Golf
E.REPORT: Regarding violations of Comprehensive Zoning Ordinance
relating to dwelling unit occupancy
F.CONSIDER: Ordinance for No Parking on west side of Dickens, Amherst
north to Stanford
G.CONSIDER: Ordinance for tree preservation
H.CONSIDER: Proposal from Nationwide Water Resources for engineering
services for development of a hydraulic analysis of Turtle Creek south of
City Hall
I.CONSIDER: Proposal from R.L. Goodson for engineering services for the
development of a hydraulic analysis of Turtle Creek south of City Hall
J.CONSIDER: Award of bids for City Hall/Peek Dispatch Technology
Packages
K.CONSIDER: Amendment to Interlocal Agreement for School Resource
Officer
L.CONSIDER: Resolution authorizing City Manager to approve Residential
License Agreements
M.CONSIDER: Proposal from DFW Communications for radio system
equipment
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
REPORTS, BOARD AND COMMITTEE MEETING MINUTES
A.BOARD OF ADJUSTMENT
B.EMPLOYEE BENFITS ADVISORY COMMITTEE
C.FINANCE ADVISORY COMMITTEE
D.PARK ADVISORY COMMITTEE
E.PLANNING & ZONING COMMISSION
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 Minutes for September
26, 2006
K.CAPITAL PROJECTS REVIEW COMMITTEE
AGENDA MEMO
(12/19/06 AGENDA)
DATE:
December 14, 2006
TO:
Honorable Mayor and Council
FROM:
Robbie Corder, Assistant to the Director of Public Works
SUBJECT:
Request for removal and reroute of 138 kV transmission line outside city
limits
ITEM:
At the request of members from the University Park Residents in Action (UPRIA)
th
committee, the City Council passed an ordinance on December 5 “requesting” that TXU
remove and reroute the transmission line outside of the University Park city limits.
Council is asked to consider a revised ordinance “requiring” TXU to remove and relocate
the 138 kV transmission line outside the University Park city limits. In addition, the
revised ordinance requires TXU to begin the relocation process no later than April 1,
2007.
Under the Public Utility Commission's Substantive Rules, Texas Administrative Code,
Title 16, Part II, Chapter 25, Subchapter E, an electric utility may relocate, alter, or
reconstruct a transmission facility without applying for a certificate of convenience and
necessity (CCN) if the utility is responding to a request from a governing body for the
activity due to highway transportation, airport construction, public safety, or air and water
quality.
Due to narrow alley rights-of-ways and the close proximity of the transmission line to
University Park Elementary school, the ordinance requests the reroute of the transmission
line for reasons of safety and reliability.
RECOMMENDATION:
ATTACHMENTS:
Ordinance
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\TXU Relocate II.doc 10:43 AM 12/14/06
ORDINANCE NO. _________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS, REQUIRING TXU ELECTRIC DELIVERY TO
RELOCATE THE 138 KV TRANSMISSION LINE CONNECTING THE LOMO
ALTO AND GREENVILLE SUBSTATIONS OUTSIDE OF THE CITY LIMITS
DUE TO PUBLIC SAFETY CONCERNS AS OUTLINED BY THE TEXAS
PUBLIC UTILITY COMMISSION SUBSTANATIVE RULES TO ELECTRIC
SERVICE PROVIDERS, Sec. 25.101(c)(5)(F).
WHEREAS,
the City Council finds and determines that the existing TXU
Electric Delivery Company 138 kV transmission line located within the city limits of the
City of University Park connects the Greenville substation to the Lomo Alto substation,
both of which are in Dallas; and
WHEREAS,
the 138 kV transmission line sits on wooden poles, approximately
47-60 feet in height, which have warped over time and are leaning into the Stanford-
Amherst alley, Boedeker street right-of-way, and University-Daniel alley; and
WHEREAS,
the alley rights-of-ways in which the 138 kV transmission line is
located are between ten feet (10’) and fifteen feet (15’) wide and are utilized by vehicle
traffic, including sanitation crews, utility repair crews, tree trimmers, and residents; and
WHEREAS,
the City finds and determines that relocation, alteration, and
reconstruction by removing the existing transmission line and installing in its stead a 138
kV transmission line between alternative substations such as the Bandera substation
could cost less than other alternatives that have been discussed by TXU Electric Delivery,
such as either rebuilding the transmission line in the same location but on higher poles
made of steel with increased capacity or burying the line underground in the Stanford
Street right-of-way; and
WHEREAS,
the City finds and determines that relocation, alteration, and
reconstruction by removing the existing transmission line per the Public Utility
Commission Substantive Rules to Electric Providers will increase the reliability of
service; and
WHEREAS,
for the length of one block University Park Elementary School is
within three hundred feet (300’) of the transmission line; and
WHEREAS,
the City finds and determines that relocation, alteration, and
reconstruction by removing the existing transmission line per the Public Utility
Commission Substantive Rules to Electric Providers will improve the overall safety and
well-being of residents abutting the line and City employees and other users of the
NOW,THEREFORE
Stanford-Amherst alley;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS;
Section 1. The City requires that TXU relocate and remove the 138 kV
transmission line from its current route connecting the Lomo Alto and Greenville
substations outside of the city limits of University Park, and
Section 2. That TXU shall commence relocation activities by no later than
April 1, 2007, and
Section 3. That the City supports efforts undertaken by members of the
University Park Residents in Action Committee (UPRIA) regarding the relocation of the
transmission line, and
Section 4. That this Ordinance shall take effect immediately upon 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
th
the 19 day of December, 2006.
APPROVED:
_______________________________
JAMES H. HOLMES III, MAYOR
ATTEST:
_________________________________
NINA WILSON, CITY SECRETARY
APPROVED AS TO FORM:
___________________________
CITY ATTORNEY (rld/12-01-06/ord11847)
AGENDA MEMO
(12/19/2006 AGENDA)
DATE: December 14, 2006
TO: Honorable Mayor and City Council
FROM: Kent R. Austin, Director of Finance
SUBJECT: Resolution authorizing setup of bank account for health insurance program
Background
As you know, the City is changing its self-funded employee health insurance program and is
replacing Fiserv (formerly Wausau Benefits) with CIGNA HealthCare. Part of this change
involves setting up new banking arrangements for payment of claims and flexible spending
account reimbursements. CIGNA requires that its clients set up a separate demand deposit
(checking) account with either Citibank or JPMorgan Chase. This account will then be linked
to one of the City’s existing zero-balance accounts at Bank of Texas.
The attached resolution contains wording provided by CIGNA to establish an account for
their use with JPMorgan Chase. Approval of this resolution at the December 19, 2006, City
Council meeting will allow the City and CIGNA to proceed with the transition of health
insurance benefits processing.
Recommendation
Staff recommends approval of the resolution
Attachment:
Resolution
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO JPMorgan account setup 12-
2006.doc 1:07 PM 12/14/06
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, AUTHORIZING THE ESTABLISHMENT OF A DEMAND
DEPOSIT ACCOUNT WITH JPMORGAN CHASE BANK FOR USE BY CIGNA
HEALTHCARE FOR THE CITY’S EMPLOYEE HEALTH INSURANCE
PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
CIGNA HealthCare (hereinafter referred to as the "Administrator") will
administer health and accident benefits programs of the City of University Park, Texas,
(hereinafter referred to as the "City"); and
WHEREAS,
to facilitate the administration of such benefits programs, the City
desires to open an account with JPMorgan Chase;
NOW, THEREFORE, BE IT RESOLVED
, that the City open a demand deposit
account with JPMorgan Chase, Account No. _________________ (such account being
hereinafter referred to as the "Account"), and that the officers and agents of the City and of
the Administrator are authorized to deposit funds into the Account and that the officers and
agents of the Administrator are further authorized to deliver standing instructions to
JPMorgan Chase respecting deposits of funds of the City to be made to the Account and
corresponding debits to such other account of the City as shall be specified by the City; and
FURTHER RESOLVED,
that until the further order of the City Council, any of the
funds of the City or of the Administrator deposited in the Account shall be subject at any time
to withdrawal or charge upon the following terms only: (1) in accordance with orders or
instructions delivered to JPMorgan Chase in the name of the Administrator electronically,
orally, in writing, or by any other method and (2) upon debits or charges to the Account
effected by JPMorgan Chase in connection with returns or reversals of amounts previously
credited to the Account or adjustments of erroneous credits; and
FURTHER RESOLVED,
that JPMorgan Chase is hereby authorized to permit any
such withdrawal or make any such charge in accordance with such instructions without
inquiry as to the circumstances of such withdrawal or charge or the disposition of the
proceeds and, at JPMorgan Chase's option, even if the Account is not in credit to the full
amount of such withdrawal or charge; it being understood that some or all of the funds on
deposit in the Account will be transferred from time to time to an account or accounts
maintained by the Administrator with JPMorgan Chase; and
FURTHER RESOLVED,
that JPMorgan Chase shall not, unless otherwise directed
by a representative of the Administrator whose name and signature has been certified to
JPMorgan Chase by an officer of the Administrator, (1) act on a stop-payment request, (2)
except as hereinabove described, withdraw or permit the withdrawal of any amount from the
Account; and
230624v1
FURTHER RESOLVED,
that (1) all statements of account in connection with the
Account, (2) all balance and transaction information in connection with the Account, (3) all
information regarding checks, and (4) all correspondence received by JPMorgan Chase in
connection with the Account shall be transmitted or mailed by JPMorgan Chase to the
Administrator and not to the City; and
FURTHER RESOLVED,
that the City shall be liable for any and all overdrafts in the
Account and unconditionally promises to pay to JPMorgan Chase the amount of each such
overdraft, it being understood that the City's arrangements with the Administrator may
contemplate the existence of overdrafts in the Account from time to time; and
FURTHER RESOLVED,
that the City authorizes and directs its City Secretary to
promptly notify JPMorgan Chase in writing of any change in these resolutions, that any such
change shall not be effective until JPMorgan Chase has received such written notice of the
same at such address as JPMorgan Chase shall specify, and has had a reasonable opportunity
to act on it and that until such time, JPMorgan Chase is authorized to continue to act in
accordance with these resolutions and shall be indemnified and saved harmless from any loss
or liability incurred in continuing to act in accordance with these resolutions, even though
these resolutions may have changed.
th
DULY PASSED
by the City Council of the City of University Park, Texas, on the 19
day of December 2006.
APPROVED:
_________________________________
JAMES H. HOLMES III, MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ _________________________________
City Attorney NINA WILSON, CITY SECRETARY
2
230624v1
AGENDA MEMO
(12/19/06 AGENDA)
DATE: December 14, 2006
TO: Honorable Mayor and Councilmembers
FROM: Nina Wilson
City Secretary
SUBJECT: ORDINANCE FOR REGULATION OF FOOD ESTABLISHMENTS
TO PROVIDE ACCESS AND INSPECTION FREQUENCY AND
TEMPORARY HEALTH PERMITS AND PERMIT FEE
The ordinance for the regulation of food establishments adopts the rules of the Texas
Food Establishment Rules of the Texas Department of State Health Services dated May
2006 and replaces Ordinance No. 82/27 adopted November 1, 1982.
The ordinance provides for the regulation of food establishments and Temporary Health
Permits and Permit Fees.
RECOMMENDATION:
Staff recommends approval of this ordinance to comply with the rules of the Texas Food
Establishment Rules of the Texas Department of State Health Services dated May 2006.
ATTACHMENT:
Ordinance
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
U:\Docs\Ordinances\2006\Memo Food Establishments Access & Temperary Permit Fee.doc 11:16 AM 12/15/06
ORDINANCE NO. _________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING SECTION 6.302 OF THE CODE OF ORDINANCES OF THE
CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, TO
PROVIDE FOR THE REGULATION OF FOOD ESTABLISHMENTS;
AMENDING SECTION 6.310 TO PROVIDE ACCESS AND INSPECTION
FREQUENCY; AMENDING SECTION 6.315 TO PROVIDE FOR
TEMPORARY HEALTH PERMITS AND PERMIT 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 TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS:
SECTION 1.
That the Code of Ordinances, City of University Park, Texas, is
hereby amended by amending Section 6.302, to read as follows:
“Sec. 6.302 Regulation
The additional definitions, provisions for the inspection of food service
establishments, and other provisions of the Texas Food Establishment Rules of the
Texas Department of State Health Services, dated May 2006, are hereby adopted
by reference and incorporated herein, the same as if fully copied at length, and one
copy of such rules shall be kept on file in the office of the City Secretary of the
City of University Park at all times.”
SECTION 2.
That the Code of Ordinances, City of University Park, Texas, is
hereby amended by amending Section 6.310 to read as follows:
Sec. 6.310 Access and Inspection Frequency
“
Representatives of the regulatory authority, after proper identification, shall be
permitted to enter any food service establishment at any reasonable time for the
purpose of making inspections to determine compliance with this Article, and such
inspection shall be performed two times per year or as often as necessary for
enforcement of this Article.”
ord11941
SECTION 3.
That the Code of Ordinances, City of University Park, Texas, is
hereby amended by amending Section 6.315 to read as follows:
Sec. 6.315 Permit Fees; Temporary Permits
“
An annual fee as established by the Master Fee Resolution of the City will be collected
from each permanent food service establishment for the initial permit and thereafter for
the renewal of such permit. The regulatory authority is authorized to issue temporary
health permits as provided herein and in the Food Establishment Rules adopted by this
Article. A fee shall be collected from each operator of a temporary food service
establishment in an amount established by the Master Fee Resolution of the City of
University Park.”
SECTION 4.
That all provisions of the Code of Ordinances of the City of
University Park, Texas, in conflict with the provisions of this ordinance are hereby
repealed.
SECTION 5.
That should any word, sentence, paragraph, subdivision,
clause, phrase or section of this ordinance or of the Code of Ordinances, as amended
hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the
validity of the remaining portions of said ordinance or the Code of Ordinances, as
amended hereby, which shall remain in full force and effect.
SECTION 6.
That any person, firm or corporation violating any of the
provisions of this ordinance or the Code of Ordinances, as amended hereby, shall
be deemed guilty of a misdemeanor and, upon conviction in the municipal court of
the City of University Park, Texas, shall be punished by a fine not to exceed the
sum of two thousand dollars ($2,000.00) for each offense, and each and every day
any such violation shall continue shall be deemed to constitute a separate offense.
SECTION 6.
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.
ord11941
DULY PASSED
by the City Council of the City of University Park, Texas, on
th
the 19 day of December 2006.
APPROVED:
______________________________
JAMES H. HOLMES III, MAYOR
PPROVED AS TO FORM: ATTEST:
______________________________ ______________________________
CITY ATTORNEY NINA WILSON,
CITY SECRETARY
(RLD/120506) (ORD11941)
ord11941
ORDINANCE NO. _________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING SECTION 6.302 OF THE CODE OF ORDINANCES OF THE
CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, TO
PROVIDE FOR THE REGULATION OF FOOD ESTABLISHMENTS;
AMENDING SECTION 6.310 TO PROVIDE ACCESS AND INSPECTION
FREQUENCY; AMENDING SECTION 6.315 TO PROVIDE FOR
TEMPORARY HEALTH PERMITS AND PERMIT 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 TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
DULY PASSED
by the City Council of the City of University Park, Texas, on the
th
19 day of December 2006.
APPROVED:
______________________________
JAMES H. HOLMES III, MAYOR
ATTEST:
______________________________
NINA WILSON, CITY SECRETARY
ord11941
AGENDA MEMO
(12/19/06 AGENDA)
DATE: December 14, 2006
TO: Honorable Mayor and Councilmembers
FROM: Nina Wilson
City Secretary
SUBJECT: RESOLUTION AMENDING MASTER FEE SCHEDULE TO
REFLECT NEW FEE FOR TEMPORARY HEALTH PERMIT
The resolution amends the Master Fee Schedule for Temporary Health Permits. Dallas
County Health and Human Services and the Environmental Health Division notified the
city that the fee would be raised from $55.00 per day to $85.00 per day. Temporary
Health Permits are given for one-day events.
RECOMMENDATION:
Staff recommends approval of the resolution to comply with the fee increases from the
Dallas County Health and Human Services and the Environmental Health Division.
ATTACHMENT:
Resolution
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
U:\Docs\Resolutions\2006\Memo Master Fee Schedule Temporary Permit Fee.doc 3:17 PM 12/14/06
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, AMENDING RESOLUTION NO. 06-20, EXHIBIT “A,”
SECTION I “ADMINISTRATIVE SERVICES,” BY AMENDING FEES FOR
TEMPORARY HEALTH PERMITS, AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS:
SECTION 1.
That Resolution 06-20, the Master Fee Resolution, be, and the same is
hereby, amended by amending Exhibit “A,” Section I “Administrative Services”, in part, as
follows:
“I. ADMINISTRATIVE SERVICES.
1. Health Permit (Ch. 6, Sec. 6.304)
…
The charge for a Temporary Health Permit shall be $85.00 for the first day of
operation, plus $5.00 for each additional day of operation, up to 14
consecutive days.
…”
SECTION 2.
This Resolution shall take effect immediately from and after its passage,
as the law and Charter in such cases provide, and it is accordingly so resolved.
DULY PASSED
by the City Council of the City of University Park, Texas, on the 19th
day of December 2006.
APPROVED:
__________________________________
JAMES H. HOLMES, III, MAYOR
APPROVED AS TO FORM: ATTEST:
___________________________________ __________________________________
ROBERT L. DILLARD, III NINA WILSON, CITY SECRETARY
CITY ATTORNEY
Reso12410
MINUTES
#2629
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, DECEMBER 5, 2006, 5:00 P.M.
Mayor Blackie Holmes opened the meeting. Present were Mayor Pro Tempore Harry Shawver
and Councilmembers Syd Carter, Kelly Walker and Jerry Grable. Also in attendance were City
Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson.
Three Boy Scouts introduced themselves and stated the badge upon which they were working:
Davis Collins, 3544 Milton; Ross Watson, 3914 Normandy and Kyle Trimmer, 4547 Arcady.
Mayor Pro Tempore Shawver moved approval of the Consent Agenda. Councilmember Carter
seconded, and the vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER COLOR SELECTION FOR GERMANY PARK TRACK: Previously, a contract
was awarded to Texas Track Builders to renovate the track at Germany Park. The council was
asked to select a color for the surface. The council selected black as the surfacing color.
CONSIDER PROPOSAL FROM MORAN & MURPHY FOR ARCHITECTURAL AND
ENGINEERING SERVICES ASSOCIATED WITH IMPROVEMENTS TO PEEK SERVICE
CENTER: Moran & Murphy previously developed the design for the backup Dispatch Center
and temporary police department offices, which will be constructed on the first floor of the Peek
Service Center. After the police move back to City Hall, the temporary facilities will be
converted to an Emergency Operations Center. To provide space for these functions, Facility
Maintenance operations were to move to a new metal building at the Fondren water storage tank
site. However, costs were considerably higher than expected, and staff determined that it would
be better to construct new Facility Maintenance facilities in garage space in the Peek Center;
therefore, a proposal was solicited to provide architectural and engineering design for the new
space. The proposal is in the amount of $8,721.
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For November 13,
2006, November 14, 2006, 2:00 p.m. and November 14, 2006, 5:00 p.m. with necessary
corrections.
MAIN AGENDA
CONSIDER COST ESTIMATES FOR BARBARA HITZELBERGER PARK: Mr. Coy Talley
of Talley and Associates presented the project cost estimates associated with the development of
Barbra Hitzelberger Park. Council requested the project be broken down into segments and bid.
CONSIDER BIDS FOR CITY HALL/GOAR PARK LANDSCAPE PACKAGE: The project’s
original estimated cost was approximately $900,000. A total of five bids were received from
$1.3-$1.5 million dollars. After meeting with the project’s landscape architect, Newman,
Jackson, Bieberstein, Project Manager Von Gallagher, and the City Hall Renovation Committee,
staff requested city council reject all bids and allow the project to be re-bid outlining alternates
that would provide cost savings in bringing the project in line with the original project budget.
Mayor Holmes moved the five bids be rejected and the project re-bid. Councilmember Grable
seconded, and the vote was unanimous to re-bid the City Hall/Goar Park Landscape Package.
DISCUSS ANOTHER REQUEST FROM REYNOLDS OUTDOOR TO INSTALL
INFORMATION KIOSKS AT VARIOUS LOCATIONS IN CITY: Reynolds Outdoor initially
requested consideration to install information kiosks in Snider Plaza. The city council discussed
the request on June 20, 2006 and referred the item to the Urban Design and Development
Advisory Committee (UDADAC) for review. They discussed the request at their meeting on
July 11, 2006 and recommended the design of the Kiosks be reduced in size, as well as, a
detailed site plan showing specific locations be submitted. The request was presented to the
Snider Plaza Merchants Association on October 3, 2006. Most of the merchants were not in
favor of the placement of the Kiosks in Snider Plaza; therefore, Reynolds Outdoor withdrew the
request. The new request is scaled down to locations along Central Expressway, Hillcrest,
Lovers Lane, and Preston Center. Reynolds Outdoors will reimburse the City $10,000 per year
for 20 years for 10 two-sided kiosks and prepay at a discounted rate $165,000. Alternatively,
Reynolds Outdoor will pay the city $20,000 per year for 20 years for 10 three-sided kiosks and
prepay at a discounted rate $330,000. Scott Reynolds presented the request. Mayor Pro
Tempore Shawver was concerned about the height of the kiosks and would like to have them
made smaller. Councilmember Grable did not feel the kiosks were right for the city.
Councilmember Walker was concerned that businesses other than those in Highland Park and
University Park would advertise on the kiosks. Mayor Holmes moved approval of the concept
subject to working with staff and UDADAC to come up with a design that is acceptable in size,
location, aesthetics and compensation. Councilmember Carter seconded, and the vote was four
to one in favor of an acceptable design. Councilmember Grable opposed the motion.
CONSIDER ORDINANCE TO REMOVE AND REROUTE 138KV TRANSMISSION LINE
OUTSIDE CITY LIMITS: At the request of members of the University Park Residents in Action
(UPRIA) Committee, the city drafted an ordinance requesting TXU remove and reroute the
transmission line outside the city limits. Due to narrow alley rights-of-ways and the close
proximity of the transmission line to University Park Elementary school, the ordinance requests
the rerouting of the transmission line for reasons of safety and reliability. Mayor Holmes read
the ordinance. Mayor Holmes then moved approval of the ordinance as read. Mayor Pro
Tempore Shawver seconded, and the vote was unanimous to approve the ordinance to remove
and reroute the 138 kV transmission line outside the city limits.
ORDINANCE NO. 06/34
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,
TEXAS, REQUESTING TXU ELECTRIC DELIVERY TO RELOCATE THE 138 KV
TRANSMISSION LINE CONNECTING THE LOMO ALTO AND GREENVILLE
SUBSTATIONS OUTSIDE OF THE CITY LIMITS DUE TO PUBLIC SAFETY CONCERNS
AS OUTLINED BY THE TEXAS PUBLIC UTILITY COMMISSION SUBSTANATIVE
RULES TO ELECTRIC SERVICE PROVIDERS, Sec. 25.101(c)(5)(F).
DISCUSS PROCEDURES FOR BLOCK PARTIES: The city currently allows residents to
request their street be closed for a block party, but applications must be submitted at least three
(3) business days prior to the event. Once an application is received, staff creates a list of blocks
to be closed on a given day, and the list is distributed to the police and fire departments. On the
last business day prior to the event, city crews deliver two (2) barricades and six (6) traffic cones
to the home of the person requesting the block party. On the first business day following the
event, city crews pick up the cones and barricades. This year, there were 60 block parties over
the 4-day week-end surrounding Halloween with 46 on Halloween night. Such a high volume is
too great for city crews to handle. Additionally, emergency response times are significantly
reduced when so many blocks are closed. This year, one EMS call was delayed on Halloween
night because the paramedics had to move barricades in order to reach a home. The closures also
make it difficult for motorists to navigate the city. Another problem has been residents’
submission of an application only an hour or two before the block party is to begin. This is
generally after hours or on the week-end when the city does not have personnel working.
Workers have been called in or pulled off other jobs to accommodate last minute requests. This
is costly and inefficient and does not allow staff sufficient time to notify police and fire of the
additional closures. The staff recommended block party applications should be submitted a
minimum of two (2) business days prior to the event and any applications received after that
deadline should be denied, and the practice of allowing block parties on Halloween be
discontinued entirely. Limiting the number of parties was also discussed. Councilmember
Walker suggested the council receive input from the PTA Presidents. Kathy Vandemotter, 4205
Stanford, spoke in favor of the council taking action to limit the number of people from outside
the city. Peter Tanguy, 4044 Amherst, agreed with Ms. Vandemotter. Mayor Holmes
recommended Councilmember Walker discuss this item with the PTA Presidents and that it also
be sent to the Public Safety Committee for review.
DISCUSS SIDEWALK REPLACEMENT AROUND HIGHLAND PARK INDEPENDENT SCHOOL
Staff reviewed the condition of the subject sidewalks and provided an
DISTRICT CAMPUSES:
estimate of the repair costs in the amount of $43,148 for University Park Elementary School,
Hyer Elementary School, McMcCulloch/Highland Park Middle Schools and Highland Park High
School. Chris Murzin, 3236 Milton, requested the sidewalks be ADA accessible. Peter Tanguy,
4044 Amherst, asked if the school district was going to pay 50% of the cost. Terry Skartsiaris,
3221 Westminster, asked for an explanation of city policy on sidewalks. Mayor Holmes moved
the city pay to replace the defective sidewalks around the schools in University Park and that
staff solicit bids and present the low bid for council approval. Councilmember Walker
seconded, and the vote was unanimous to approve the solicitation of bids for the repair of
defective sidewalks around the schools in University Park.
The city’s insurance
CONSIDER RENEWAL OF EMPLOYEE HEALTH AND DENTAL PLANS:
coverage for employee health and dental plans will expire on January 1, 2007. Due to extremely
high claims activity in October, the renewal proposals submitted were much higher than
expected. The Employee Benefits Committee voted in favor of recommending that the city
purchase specific and aggregate stop loss coverage and third-party claims administration services
from Cigna Insurance Company. Due to increased insurance costs, the Employee Benefits
Committee also recommends a slight increase in employee premiums. Staff has proposed a $5
per month increase for all premium levels, and the Employee Benefits Committee approves.
Benefit plans and premiums for employee dental insurance are unchanged from 2006, and staff
recommends renewing coverage with Assurant Dental. Mayor Holmes moved approval of
purchasing specific and aggregate stop loss coverage and third-party claims administration
services from Cigna Insurance Company, an increase of $5 per month for employee insurance
premiums and renewal of dental insurance with Assurant Dental. Mayor Pro Tempore Shawver
seconded, and the vote was unanimous to approve the renewal of employee health and dental
insurance plans.
CONSIDER ACCEPTANCE OF URBAN AREA SECURITY INITIATIVE GRANT TO
DEVELOP A COMMUNITY EMERGENCY RESPONSE TEAM: The North Central Texas
Council of Governments and the 2006 Citizen Corps Grant Review Committee has awarded
funding to the City of University Park in the amount of $6,586 for development of a Community
Emergency Response Team. The grant allows the city to train volunteers to assist during
emergencies. In emergency preparedness for the city, staff members have recognized the need
for additional personnel to assist various departments to accomplish goals and objectives during
emergencies. Without overburdening departmental staff, the best solution was to have a core of
personnel that can handle minor chores and activities and utilize our personnel in more
demanding roles. The grant monies will be utilized to purchase 25 Community Emergency
Response Team Action Response Units, which is equipment that response team members will
utilize in the field including latex gloves, medical supplies, blankets, etc. Additionally, other
items to be purchased will include team uniform shirts, rain gear, high-visibility vests, office
supplies, duffel bags that contain Response Unit items, training videos, recruiting, and
promotional items. Southern Methodist University will partner with the city to recruit volunteers
for the program since they are a Point of Distribution for pandemic and/or prophylaxis medical
supplies to the citizens. Mayor Holmes moved approval of staff’s recommendation that City
Manager Bob Livingston sign the agreement for acceptance of the grant money in the amount of
$6,586. Councilmember Grable seconded, and the vote was unanimous to accept the grant to
develop a Community Emergency Response Team.
CONSIDER RESOLUTION ESTABLISHING CITY COUNCIL POSITION REGARDING
UNDERFUNDING REMEDY FOR FIREFIGHTERS’ RELIEF AND RETIREMENT FUND:
Over the past three years, the declining financial health of the University Park Firefighter Relief
and Retirement Fund (UPFRRF or the Fund) has attracted increasing attention from its Board of
Trustees, the University Park City Council, and city staff. The city council is willing to take
action to assist conversion of the active FRRF members to the Texas Municipal Retirement
System (TMRS) by agreeing to ensure that current FRRF pensioners receive their promised
benefits and, should conversion to TMRS not occur, the city council agrees to contribute to the
FRRF on an equal basis with the Fund’s active membership. The combined contribution rate
needed to amortize the Fund’s liabilities within 30 years shall be shared equally by the city and
the active members, provided that the FRRF adopts plan language requiring an automatic change
in the contribution rate whenever recommended by the regular actuarial study. Mayor Pro
Tempore Shawver moved approval of the resolution regarding city participation in the
underfunding remedy for the University Park Firefighters’ Relief and Retirement Fund.
Councilmember Grable seconded, and the vote was unanimous to approve the resolution
regarding the council’s position on the underfunding remedy for FRRF.
RESOLUTION NO. 06-21
RESOLUTION REGARDING CITY PARTICIPATION IN UNDERFUNDING
REMEDY FOR UNIVERSITY PARK FIREFIGHTERS’ RELIEF AND RETIREMENT FUND
ITEMS FROM THE FLOOR
Peter Rogers, 6200 St. Andrews, voiced his concern regarding the noise from airplanes from
Love Field early in the morning. He requested the city council make an official complaint by
passing a resolution and sending it to the appropriate party. Mayor Holmes said the council will
discuss the issue.
There being no further business, Mayor Holmes adjourned the meeting.
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PASSED AND APPROVED this 5day of December 2006.
James H. Holmes, III, Mayor
ATTEST:
Nina Wilson, City Secretary
AGENDA MEMO
(12/19/2006 AGENDA)
DATE: December 19, 2006
TO: Honorable Mayor and City Council
FROM: Harry Persaud, Community Development Manager
SUBJECT: Hold a public hearing and consideration of an Ordinance amending the
comprehensive zoning ordinance by providing specific regulations for building
setback and building height for Block H, Preston Center Plaza.
Background/Analysis:
The current building setbacks for Preston Center Plaza are referenced to a 1947 plat of record
which was filed June 10, 1947. The Building setbacks off of Wentwood Drive were
reconfigured later with the relocation of Wentwood Drive. It appears that the current setback
requirement for Block H off of Wentwood is 23 feet. The property owner is requesting a five (5)
feet setback for Block H in order to attract a Café R &D restaurant on the subject site. The
Planning and Zoning Commission held a public hearing on October 9, 2006 and considered the
item on November 13, 2006, and voted unanimously to recommend approval.
Recommendation:
Planning and Zoning Commission recommends approval as follows:
(1) A building setback of five (5) feet off of the property line on Wentwood Drive.
(2) A maximum building height of 18 feet for a distance of 23 feet from the property line on
Wentwood Drive.
(3) Landscaping to be installed as shown on conceptual site plan.
Attachments:
(1)
Ordinance
(2)
Existing regulations for Preston Center East
(3) Conceptual site plan showing proposed location of building and setbacks.
ORDINANCE NO. _____________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY
PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 23-105 (3) (a) TO
PROVIDE SPECIFIC REGULATIONS FOR PRESTON CENTER EAST (PRESTON
CENTER PLAZA); PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Planning and Zoning Commission of the City of University Park and
the City Council of the City of University Park, in compliance with the laws of the State of
Texas with reference to the granting of zoning classifications and changes, have given the
requisite notices by publication and otherwise, and have held due hearings and have forwarded a
full and fair hearing to all property owners generally, and City Council of the City of University
Park is of the opinion and finds that said zoning changes should be granted and that the
Comprehensive Zoning Ordinance should be amended; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS:
SECTION 1.
That the Comprehensive Zoning Ordinance of the City of University Park,
Texas, is hereby amended by amending Section 23-105 (3) (a), in part, as follows:
(3) Development Standards for Preston Center East (also known as Preston Center
“
Plaza)
i. Except as provided below, the building lines for this center are shown on the
following plat sheets of Dallas County Deed Records, filed 6-10-47 in volume 11, page 217:
…
(B)Block E, Varsity Village Addition
(C) Blocks D & F, Varsity Village Addition
…
(E)Block H, Varsity Village Addition, except that there shall be provided a five foot
(5’) building setback from the right-of-way line of Wentwood Drive.
v.Height Requirements
…
(C)In Block H, the maximum building height within twenty-three feet (23’) of the
Wentwood Drive right-of-way shall not exceed eighteen feet (18’).
…”
SECTION 2.
All ordinances of the City of University Park in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 3.
Should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of
this ordinance as a whole or any part or provision thereof, other than the part so declared to be
invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 4.
That any person, firm or corporation violating any of the provisions of this
ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty
of a misdemeanor and, upon conviction in the municipal court of the City of University Park,
Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for
each offense and each and every day such violation shall continue shall be deemed to constitute a
separate offense.
SECTION 5.
This ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
th
DULY PASSED
by the City Council of the City of University Park, Texas, on the 19
day of December 2006.
APPROVED:
____________________________________
JAMES H. HOLMES III, MAYOR
ATTEST:
____________________________________
NINA WILSON, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
CITY ATTORNEY
(RLD/11/21/06)(67909)(ORD11392)
ORDINANCE NO. _____________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 23-
105 (3) (a) TO PROVIDE SPECIFIC REGULATIONS FOR PRESTON CENTER EAST
(PRESTON CENTER PLAZA); PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
th
DULY PASSED
by the City Council of the City of University Park, Texas, on the 19
day of December 2006.
APPROVED:
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
Specific regulations for Preston Center East
The specific setback requirements for the Preston Center Plaza which is the only tract of land
under the SC zoning district classification, are contained in Section 23-105 (3) (a) as follows:
(i) Building lines for this center are shown on the following plat sheets of
Dallas County Deed Records, filed 6-10-47 in volume 11, Page 217:
Blocks A & J, Varsity Village Addition
Blocks E & H, Varsity Village Addition
Blocks D & F, Varsity village Addition
Blocks B,C,K & G, Varsity Village Addition
(ii) At the time of dedication to the City of streets within the District,
parking on City right-of-way was allowed to be included in
calculating off-street parking provided.
(iii) The parking district on Wentwood Avenue south of the District is
included in the calculation of off-street parking provided. Parking in
this District is limited to surface and/or underground parking.
(iv) Three (3) parking areas (described below) within the Center shall not
be converted to any other use unless equivalent off-street parking is
otherwise provided on an adjacent lot or building:
East portion of Block D
North portion of Block E
South portion of Block J
AGENDA MEMO
(12/19/2006 AGENDA)
DATE: December 19, 2006
TO: Honorable Mayor and City Council
FROM: Harry Persaud, MRTPI, AICP, Community Development Manager
SUBJECT: Receive a report and provide direction to staff regarding a special exception to
allow for an 8 feet wrought iron fence in the required front yard at 6023 St
Andrews.
Background/Analysis:
Gilbert J. and Patricia Besing, property owners at 6023 St. Andrews installed an 8 feet
wrought iron fence in the required front yard of their home in violation of City Codes. Staff
informed the Besings about the violation and requested that they bring their property into
compliance with City codes. The subject tract is approx. 0.33 of an acre and it is located in the
Single Family “SF-2” zoning district. The Besings applied to the BOA for consideration of a
th
variance. The BOA considered the item at its August 28 meeting and denied the request.
The Besings represented by George Dunlap of Jenkens & Gilchrist requested an amendment of
the zoning ordinance to provide for a special exception which will allow the fence to remain.
In 1999, City Council amended the Zoning Ordinance to provide a special exception for a fence
with in the required front yards in the Single family “SF-1” zoning district.
The comprehensive zoning Ordinance under Section 21-100 (4) (b) iii allows for Decorative
metal banisters and hand rails that have three inches (3”) clear vision between vertical posts,
provided such vertical posts are a maximum of one inch (1”) in width and do not exceed forty-
eight inches (48”) in height.
Section 28-105 (3) provides for the following fences and walls in the required front yard:
“ Fences or walls shall not be constructed in the front yard, past the front wall of the main
structure, except in the following circumstances:
(a) Decorative metal fencing and masonry walls not exceeding five feet (5’) in height,
architecturally attached to the main building and extending not more than six feet (6’) into the
front yard;
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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(b) Any edging for flower or landscaping beds that does not exceed twelve inches (12”) in
height;
(c) Retaining walls not exceeding two feet (2’) in height above the average natural grade of
the front yard;
(d) Masonry walls not exceeding two feet (2’) in height; or
(e) Where specifically authorized by another section of the Comprehensive Zoning
Ordinance.”
Recommendation:
ZOAC considered this item at its November 28, 2006 meeting and voted unanimously to
recommend approval of amending the zoning ordinance to provide for a special exception.
Attachments:
1. Pictures showing view from street at 6023 St. Andrews.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
(12/19/2006 AGENDA)
DATE: December 19, 2006
TO: Honorable Mayor and City Council
FROM: Harry Persaud, MRTPI, AICP, Community Development Manager
SUBJECT: Receive a report and provide direction to staff regarding a planter box installed
in the public right-of-way at 6700 Golf.
Background/Analysis:
Alan Rich, property owner at 6700 Golf Drive, installed a planter box with stone edging in the
public parkway. A resident in that neighborhood complained to staff on August 15, and the
Rich family was contacted and asked to remove the planter box as it violates Chapter 7,
Section 7.105 (b) of the City Code of Ordinances. The following applicable Sections have
been excerpted from the Code of Ordinances:
Sec. 7.104 Unlawful to Construct Buttresses, Steps, and Fences on Public
Property
No buttresses, steps, projections, retaining walls or fences shall be allowed to
be constructed upon any public property used as a street or alley in the city.
(Revised Code of Ordinances, 1981, Chapter 7, Section 1E)
Sec. 7.105 Unlawful to Obstruct or Encumber Public Property
(a) All streets, alleys, and sidewalks shall be at all times kept open to the
public, free and clear of all obstruction and encumbrances of every kind,
except when permitted by the city council.
(b) It shall be unlawful for any person to obstruct or encumber any street,
alley, sidewalk, park, or public place with any fence poles, wires, boxes,
rubbish, or other obstructions or encumbrances whatever without the consent
of the city council.
Staff worked with the Rich family for about two weeks seeking voluntary compliance. A
formal notice of violation was sent on August 30, 2006 requesting compliance within 10 days.
The property owner appealed to City Council and this item was discussed on October 3, 2006
and Council forwarded to ZOAC for further review and recommendation.
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Recommendation:
ZOAC considered this item at its regular meeting on November 28, 2006 and unanimously
recommended that the planter box should be removed as it violates the current ordinance.
Attachments:
(1) Memo from Fire Chief
(2)
Pictures of Planter Box with stone edging.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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MEMORANDUM
DATE: November 21, 2006
TO: Harry Persaud, AICP, Community Development Manager
FROM: David L. Ledbetter,
Fire Chief
SUBJECT: Proposal for the Installation of Planters in the Medians
During the City Council meeting conducted on October 3, 2006, a proposal was discussed by
Mr. Alan Rich of 6700 Golf Drive for the installation of planter boxes in the public parkways
and right-of-ways. The Fire Department opposes the installation of the planter boxes in the
public right-of-ways due to public safety issues.
The issues are:
?
Fire hose removed from the fire apparatus will be obstructed by the planters as it is
deployed from the fire apparatus and impair the fire fighter’s ability to properly deploy
the fire hose. Parked vehicles, raised lawns with stone and/or concrete retaining
walls, and mature trees already pose obstacles and barriers that fire fighters must
overcome throughout the City.
?
The planters will cause “pinch points” causing the hose to snag and require additional
manpower to prevent the snagging and also prevent rapid entry into a structure to
affect rescue and fire extinguishment. Each cross-lay contains 200 feet of 1 and 3/4
inch diameter fire hose weighing approximately 73 pounds per 50 feet of hose for a
total weight of 292 pounds of water when the hose is fully charged, plus the weight of
the hose and nozzle. Compound that with nozzle reaction as the water is discharged
through the hose and nozzle and it will feel as though the fire fighter is dragging an
additional 20 to 50 pounds.
?
Planters will cause severe trip hazards to fire fighters deploying ladders and other
equipment to the fire scene especially in the dark of night and early morning, causing
significant injury to the fire fighter.
?
Rupturing of the fire hose is likely due to the constant vibration and grating effect the
fire hose undergoes when pressed against sharp-edged stones as water is being
pumped through the hose at 100 to 150 psi, causing loss of water supply to the nozzle
and endangering fire fighters and potential rescue victims. Kinking of the fire hose
can also occur creating a loss of adequate pressure to operate the nozzle and even
total loss of water supply until the kink is removed.
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?
It is also conceivable that planter boxes and overgrown vegetation may block the view
of apparatus drivers locating a fire hydrant for water supply especially when a hydrant
locator reflector is missing in the street. This can occur at night or in daylight hours
because fire hydrants are not always located on each street corner.
It is a standard in every city in every state that the parkway between the sidewalk and curb
line is public property so a city can maintain utilities, preserve public safety, signs, plantings
and to regulate the placement of unsightly service boxes and the like by utility companies.
Variances from this standard should be closely scrutinized even in the best interest of
beautifying our homes and streets.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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AGENDA MEMO
(12/19/2006 AGENDA)
DATE: December 19, 2006
TO: Honorable Mayor and City Council
FROM: Harry Persaud, MRTPI, AICP, Community Development Manager
SUBJECT: Receive a report and provide directions to staff regarding violations of the
Comprehensive Zoning Ordinance specifically relating to dwelling unit
occupancy.
Background/Analysis:
Over the past four months the Building Department received five complaints affecting five
separate buildings regarding occupancy violations in which a dwelling unit is occupied by
more than two unrelated persons. (See attached Summary) In some of those cases an
Attorney was consulted after notices of violation were mailed to property owners. The
Comprehensive Zoning Ordinance defines a dwelling unit as:
“A building or portion of a building which is arranged, occupied, or intended to
be occupied as living quarters by an individual or one (1) family and includes
facilities for food preparation and sleeping. A dwelling unit shall be located
only in the main building and the number of dwelling units permitted for the
district in which such lot is located.
At the same time a family is defined as:
“any number of individuals living together as a single housekeeping unit, in
which not more than two (2) individuals are unrelated by blood, marriage or
adoption. An individual may be considered a family.”
It appears that some property owners are unaware of the occupancy requirements
as per City Ordinance. Staff is proposing to notify property owners in the Single
Family Attached SF-A, Duplex D, and Multi Family MF Districts by letter to be mailed
on January 15, 2007 explaining the occupancy requirement per dwelling unit. The
letter will also alert property owners that the City will enforce the occupancy
requirements as per ordinance as of June 1, 2007.
Recommendation:
Staff recommends that further enforcement action be put on hold until June 1, 2007. Staff
will notify property owners by letters and newspaper articles in January, 2007 about the
occupancy requirements per City Ordinance.
Attachments:
1. List of violations and supporting documentation.
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AGENDA MEMO
(12-19-06 AGENDA)
DATE:
December 15, 2006
TO:
Bob Livingston
City Manager
FROM:
Gene R. Smallwood, P.E.
Director of Public Works
SUBJECT:
Consider Ordinance No __ establishing a NO PARKING zone
along the west side of Dickens, from Amherst north to Stanford
(7200 block).
Background.
Staff recently received a request from University Park
Elementary School to relocate the NO PARKING zone along the east side of
Dickens, from Amherst north to Stanford to the west side of Dickens (same
limits). The proposed relocation would enhance the queuing functions around
the school campus. We asked traffic engineer Dannie Cummings to review the
request, and his recommendation (see attached letter) is to grant the request.
The attached ordinance removes the NP designation along the east side of
Dickens and places it along the west side of the subject block. It further specifies
that the NP designation would be in effect on “school days between the hours of
7 a.m. and 4 p.m.”
Recommendation.
Staff would recommend City Council approval of the
aforementioned NO PARKING ordinance.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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surveying
engineering
constructionmanagement
trafficplanning
MEMORANDUM
DATE:December6,2006
TO:BudSmallwood,P.E.
CityofUniversityPark
FROM:DannieCummings,P.E.
C&PEngineering,Ltd.
RE:NoParkingSigning
DickensbetweenAmherstandStanford
WehavereviewedarequestfromthestaffattheUniversityParkElementarySchooltorevisethe
parkingregulationsthatarecurrentlyineffectforthesectionofDickensAvenuebetweenAmherst
StreetandStanfordStreet.Theregulationscurrentlyineffectrestrictparkingontheeastsideof
thestreet,butallowforparkingonthewestsideofthestreet.Itistheschool?srequesttoswitch
theseconditionssothatparkingisrestrictedonthewestsideofthestreet,butallowedontheeast
sideofthestreet.
ThesectionofDickensbetweenAmherstandLoversisone-waysouthboundduringschoolhours
withthewestsideofthestreetoperatingasaqueuinglane.Theeffectofswitchingtheparking
regulationsonthesectionofDickensbetweenAmherstandStanfordwouldbetoextendthe
queuinglaneforanotherblock.
OurfieldobservationsrevealedthatsouthboundtrafficonDickensbetweenAmherstandStanford
isalreadyusingthewestsideofthestreetasaqueuinglane-especiallyduringtheafternoon
schoolpickupperiod.
Inordertomaintainthisactivityandtofurtherimproveitbyremovingparkedvehiclesthatwould
impedesouthboundtrafficonthewestsideofthestreet,werecommendthattheCityconsider
switchingtheexistingparkingregulationsonDickensbetweenAmherstandStanfordsuchthat
parkingisrestrictedonthewestsideofthestreet,butallowedontheeastsideofthestreet.
Ifyoushouldhaveanyquestionsregardingthistransmittal,donothesitatetocallme.
ORDINANCE NO. ___________________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING
PARKING AT ANY TIME ON THE WEST SIDE OF DICKENS BETWEEN STANFORD
AND AMHERST; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE
REPEAL OF ORDINANCE 05/38 AND ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
parking on the west side of Dickens Avenue between Stanford Street and
Amherst Street creates an obstruction for traffic; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1.
That it shall be unlawful and an offense for any person to leave, stand or park
any motor vehicle at any time on the west side of Dickens Avenue from the point of its intersection
with Stanford Street to the point of its intersection with Amherst Street, between the hours of 7:00
a.m. and 4:00 p.m. on school days.
SECTION 2
. That Ordinance 05/38 prohibiting parking on the east side of Dickens between
Stanford and Amherst and all ordinances of the City of University Park in conflict with the provisions
of this ordinance are hereby repealed.
SECTION 3.
That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part decided to
be invalid, illegal or unconstitutional.
SECTION 4.
That 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
264No Parking Dickens12066.doc
Park, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars ($200.00) for each
offense.
SECTION 5.
That 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. The parking restrictions
set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected
as provided by the Code of Ordinances.
DULY PASSED
by the City Council of the City of University Park, Texas, on the 19th day of
December 2006.
APPROVED:
____________________________________
JAMES H. HOLMES III, MAYOR
ATTEST:
____________________________________
NINA WILSON, CITY SECRETARY
APPROVED AS TO FORM:
_______________________________
CITY ATTORNEY
(RLD/12-06-06/12066
264No Parking Dickens12066.doc
ORDINANCE NO. ___________________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING
PARKING AT ANY TIME ON THE WEST SIDE OF DICKENS BETWEEN STANFORD
AND AMHERST; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE
REPEAL OF ORDINANCE 05/38 AND 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.
DULY PASSED
by the City Council of the City of University Park, Texas, on the 19th day of
December 2006.
APPROVED:
____________________________________
MAYOR
ATTEST:
____________________________________
CITY SECRETARY
264No Parking Dickens12066.doc
AGENDA MEMO
(12/19/2006 AGENDA)
DATE:
December 14, 2006
TO:
Honorable Mayor and Members of the City Council
FROM:
Gerry Bradley, Director of Parks
SUBJECT: Tree Preservation Ordinance
BACKGROUND:
In May 2006, City Council requested staff to establish a Tree Ordinance Review
Committee in an effort to create a comprehensive Tree Preservation Ordinance for the
City of University Park. After several meetings and document revisions by the
Committee, staff plans to present the final Tree Preservation Ordinance to City Council
during the December 19, 2006 meeting for consideration and approval.
RECOMMENDATION:
Staff is requesting City Council consider approval of the Tree Preservation Ordinance.
ATTACHMENTS:
Tree Preservation Ordinance
?
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
Tree Preservation Ordinance 12-19-06
ORDINANCE NO. _________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS
HERETOFORE AMENDED, BY ADOPTING A NEW ARTICLE 12.400 PROVIDING FOR
TREE PROTECTION; PROVIDING DEFINITIONS; PROVIDING TREE PLANTING AND
REPLACEMENT REQUIREMENTS; 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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1.
That the Code of Ordinances, City of University Park, Texas, is hereby
amended by adding a new Article 12.400, to read as follows:
“ARTICLE 12.400 TREE PRESERVATION
Sec. 12.401 Purposes
The terms and provisions of this section are intended to accomplish the following public purposes:
A.
Encourage site planning and landscape planning which furthers the preservation of
trees and natural areas and to facilitate site design and construction, which contribute to the long
term viability of existing trees;
B.
Preserve the natural ecological environmental and aesthetic qualities of the City.
C.
Protect and increase the value of residential and commercial properties within the City.
Sec.12.402 Definitions
Administrative Official
is the City of University Park administrative official or his designee.
Buildable Area
is that portion of a building site exclusive of the required yard areas on which a
structure or building improvements may be erected and including the actual structure, driveway,
parking lot, pool, deck, patio and other construction as shown on the site plan.
Designated Tree
is a tree or tree trunk and root system that has a caliper at a point twelve inches
(12”) above the base of six inches (6") or greater, and that is listed in either Section 12.405 or
12.409.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
Tree Preservation Ordinance 12-19-06
Sec 12.403 Applicability; Exceptions:
The terms and provisions of this Article shall apply
to all persons engaged in a construction project when demolition of the primary residence
structure has been approved by the City of University Park, except in the following circumstances:
1.
The University Park Community Development Manager and the Parks Director will
have the authority to determine trees to be removed from public property due to disease, damage,
or disaster.
2.
Any person or the City may remove all or a portion of a designated tree which has
disrupted a public utility service due to tornado, storm, flood, or other act of God, but only that
portion of the tree which is necessary to safely restore normal utility service.
3.
Utility companies franchised by the City in easements or rights-of-way accepted by the
City, or otherwise authorized to provide utility service, may remove designated tree(s) or any
portion thereof that endanger public safety and welfare by interfering with utility service. Any
trimming or removal of designated tree(s) by a utility company requires written approval from the
administrative official or his designee.
Sec. 12.404 Tree Maintenance or Planting Requirements:
A person subject to this Article who is engaged in a construction project in the City shall
insure that at the completion of construction and final inspection by the administrative official
there are at least two (2) designated trees (see Sections 12.405 and 12.409) remaining on the real
property, whether they are preexisting trees or newly planted trees. In the event a total of two (2)
designated trees cannot be planted on the real property, the owner has the following options:
1. The owner may plant one (1) designated tree within the adjacent City parkway with
approval of the Administrative Official or his/her designee who shall determine if the parkway can
accommodate the tree due to parkway size and existing tree locations; or,
2. The owner shall have the option of contributing funds to the City of University Park
Reforestation and Landscape Fund in an amount equal to the then current market value of a six
inch caliper, container grown, nursery stock Live Oak tree.
Sec. 12.405 Designated Trees
A.
The following are designated trees:
Bur Oak Ash
Bald Cypress American Elm
Cedar Elm Lace Bark Elm
Chinese Pistachio Magnolia
Chinquapin Oak Live Oak
Pond Cypress Pecan
Redbud Red Oak Sweet Gum
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
Tree Preservation Ordinance 12-19-06
B. Restrictions:
Replacement trees required by this Article shall be placed on the lot or
parcel where the construction has occurred. They may not be planted in utility easements or
rights-of-way, nor shall they be placed in an area such that the mature canopy of the tree will
interfere with overhead utility lines. No trees shall be planted within ten feet (10‘) of a fire
hydrant or within visibility sight triangles.
C. Timing:
Replacement trees shall be planted prior to the issuance of a certificate of
occupancy or project release.
Sec. 12.406 Tree Protection
A major purpose of this Article is to protect all designated trees which are not removed and to
allow approved construction to occur. The following procedures shall apply to all types of
construction projects which involve development around designated trees. The following
procedures are deemed appropriate in the situations noted; however, unique circumstances may
allow modifications if deemed necessary by the administrative official.
A. Prohibited Activities:
The following activities shall be prohibited within the limits of
the drip line of any designated tree that is subject to the requirements of this Article.
1.Material Storage
: No materials intended for use in construction or waste materials
accumulated due to excavation or demolition shall be placed within three feet (3’) of the trunk of
any designated tree.
2.Equipment Cleaning/liquid disposal
: No equipment may be cleaned or other liquids
deposited within the limits of the drip line of a designated tree. This includes, but is not limited
to, paint, oil, solvents, asphalt, concrete, mortar or other materials.
3. Tree Attachments:
No signs, wires or other attachments, other than those of a
protective nature, shall be attached to any tree.
4. Vehicular Traffic:
No vehicular and construction equipment traffic or parking is
allowed within three feet (3’) of the trunk of a designated tree.
B. Pre-Construction:
The procedures listed below shall be followed prior to
construction:
1.Tree Protective Mulching
: All designated trees shall have a minimum of four inches
(4”) of mulch placed from the base of the tree to the designated tree’s drip line to reduce soil
compaction.
2.Construction Pruning
: If a low hanging limb is broken during the course of
construction, the remaining portion of the limb may be cut. The limb shall be cut either flush to
the trunk on or at the next joint of the limb. The wound shall then be sealed with pruning paint.
In no instance shall pruning involve a portion of the trunk or thirty percent (30%) of the entire
canopy without the administrative official’s prior approval.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
Tree Preservation Ordinance 12-19-06
C.Improvements within the Critical Root Zone of a Tree:
Design constraints often
dictate that designated trees slated for preservation have some encroachment on their critical root
zone. The following is the minimum design criteria allowed within the critical root zone of a
designated tree. Development exceeding the criteria would put the designated tree at risk and
therefore, it will no longer be considered a preserved designated tree. In such case, replacement
trees shall also be required.
1. Grade Changes
: In the event that grade changes must be made around a designated
tree or group of designated trees, the following shall be implemented in order to maintain oxygen
and water exchange within the designated tree’s critical root zone:
(a) A minimum of seventy-five percent (75%) of the critical root zone must be
preserved at natural grade with natural ground cover or landscaping for the tree to
be considered a preserved designated tree.
(b) No cut or fill greater than two inches (2”) shall be located closer to the tree
trunk than one half (½) of the radius of the critical root zone radius distance.
(c) Decrease Grade: Provide retaining walls outside the drip line to mitigate cuts.
2. Boring of Utilities
: The administrative official may permit boring under designated
trees in certain circumstances. The minimum length of the bore shall be the width of the tree’s
canopy and shall be at a minimum depth of twenty-four inches (24”).
3. Trenching:
Irrigation systems shall be designed to avoid trenching across the critical
root zone of any designated tree. Bore or air spade may be an acceptable alternative.
4. Paving:
A maximum of twenty five percent (25%) of the critical root zone of a
designated tree may be covered with impervious paving. The pavement and the cut and fill for the
pavement is to not exceed one-half (½) of the critical root zone radius distance.
D. Other Requirements:
1.
Tree protection fences shall be installed prior to the commencement of any site
preparation work (clearing, grubbing or grading).
2.
Fences shall be located at least three feet (3’) from the base of the trunk of the
designated tree to prevent:
(a) Soil compaction in the critical root zone resulting from vehicular traffic or
storage of equipment or materials.
(b) Critical root zone disturbances due to grade changes greater than two inches
(2”) cut or fill, or boring which was not authorized by the administrative official.
(c) Wounds, to the trunk, limbs or exposed roots by mechanical equipment.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
Tree Preservation Ordinance 12-19-06
(d) Other activities detrimental to trees such as chemical storage, cement trunk
cleaning, and fires.
(e) Fence material shall consist of 4 foot high orange safety fence which is staked
in a manner to support the fencing during the duration of construction.
3.
All grading within critical root zones of designated trees shall be performed by hand or
small equipment to minimize damage.
4.
Trees most heavily impacted by construction activities should be watered deeply once a
week during periods of hot and dry weather. Tree crowns should be sprayed with water
periodically to reduce dust accumulation on the leaves.
5.
Trenching for landscape irrigation shall be located as far from the existing tree drip line
as possible and performed by hand or air spade.
6.
Pruning to provide clearance for structures, vehicular traffic and equipment shall take
place before construction begins.
Sec. 12.407 Violations:
A.
Any person violating or failing to comply with any provision or requirement of this
section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an
amount not to exceed the maximum amount provided in this Article.
B.
A monetary civil penalty set by the master fee resolution, based on the diameter of the
tree(s) removed or damaged, which shall be assessed and paid to the City of University Park.
Sec. 12.408 Non – Approved Tree Replacement Species:
The following is a list of trees
which will not be considered as replacement trees during tree mitigation.
Arizona Ash Palms Ginkgo Arborvitae
Hackberry Mimosa Bois D’Arc Mulberry
Cottonwood Catalpa Willow Chinaberry
Sec. 12.409 Approved Tree List for Public Parkway Planting:
The following designated
tree species have been approved for parkway plantings. Other tree species will not be allowed to
be planted in public right-of-way or on public property.
Designated tree Common Name Botanical /Scientific Name
Bald Cypress Taxodium Distichum
Cedar Elm Ulmus Crassifolia
Chinese Pistachio Pistachia Chinensis
Chinkapin Oak Quercus Muehlenbergi
Green Ash Fraxinus Pennsylvanica
Mexican White Oak Quercus Mexiana
Live Oak Quercus Virginiana
Red Oak Quercus Shummardi
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
Tree Preservation Ordinance 12-19-06
Sec. 12.411 Tree Planting Guide
1.BEFORE DIGGING
, please call 1- 800- DIG TESS at to identify the location of any
underground utilities.
2.
Dig a hole twice as wide as and slightly shallower than, the root ball. Roughen the
sides and bottom of the hole with a pick or shovel so that roots can penetrate the soil.
3.
With a potted tree, gently remove the tree from the container. Lay the tree on its side
with the container end near the planting hole. Hit the bottom and sides of the container until the
root ball is loosened. If roots are growing in a circular pattern around the root ball, slice through
the roots on a couple of sides of the root ball. With trees wrapped in burlap, remove the string or
wire that holds the burlap to the root crown. It is unnecessary to completely remove the burlap.
Plastic wraps must be completely removed. Gently separate circling roots on the root ball.
Shorten exceptionally long roots, and guide the shortened roots downward and outward. Root
tips die quickly when exposed to light and air, so don't waste time.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
Tree Preservation Ordinance 12-19-06
4.
Place the root ball in the hole. Leave the top of the root ball (where the roots end and
the trunk begins) 1/2 inch to 1 inch above the surrounding soil, making sure not to cover it unless
roots are exposed. For bare root plants, make a mound of soil in the middle of the hole and
spread plant roots out evenly over mound. Do not set trees too deep. As you add soil to fill in
around the tree, lightly tamp the soil to collapse air pockets, or add water to help settle the soil.
Form a temporary water basin around the base of the tree to encourage water penetration, and
water thoroughly after planting. A tree with a dry root ball cannot absorb water; if the root ball is
extremely dry; allow water to trickle into the soil by placing the hose at the trunk of the tree.
5.
Mulch around the tree. A 3-foot diameter circle of mulch 4" deep is common.
6.
Depending on the size of the tree and the site conditions, staking may be beneficial.
Staking supports the tree until the roots are well established to properly anchor it. Staking should
allow for some movement of the tree. After trees are established, remove all support wires. If
these are not removed they can girdle the tree, cutting into the trunk and eventually killing the
tree.”
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
Tree Preservation Ordinance 12-19-06
SECTION 2.
That all provisions of the Code of Ordinances of the City of University Park, Texas, in
conflict with the provisions of this ordinance are hereby repealed.
SECTION 3.
That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be
void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 4.
That any person, firm or corporation violating any of the provisions of this
ordinance or the Code of Ordinances, as amended hereby, shall be deemed guilty of a
misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas,
shall be punished by a fine not to exceed the sum of five hundred dollars ($500.00) for each
offense, and each and every day any such violation shall continue shall be deemed to constitute a
separate offense.
SECTION 5.
This ordinance shall take effect from and after its passage and the publication of
the caption or on January 2, 2007, whichever date is later, as the law and Charter in such cases
provide.
th
DULY PASSED
by the City Council of the City of University Park, Texas, on the 19 day of
December 2006.
APPROVED:
______________________________
JAMES H. HOLMES III, MAYOR
PPROVED AS TO FORM: ATTEST:
______________________________ ______________________________
CITY ATTORNEY NINA WILSON,
CITY SECRETARY
(RLD/120106) (69476/ORD10298)
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
Tree Preservation Ordinance 12-19-06
ORDINANCE NO. _________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS
HERETOFORE AMENDED, BY ADOPTING A NEW ARTICLE 12.400 PROVIDING FOR
TREE PROTECTION; PROVIDING DEFINITIONS; PROVIDING TREE PLANTING AND
REPLACEMENT REQUIREMENTS; 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.
th
DULY PASSED
by the City Council of the City of University Park, Texas, on the 19 day of
December 2006.
APPROVED:
______________________________
JAMES H. HOLMES III, MAYOR
ATTEST:
______________________________
NINA WILSON, CITY SECRETARY
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
Tree Preservation Ordinance 12-19-06
AGENDA MEMO
(12-19-06 AGENDA)
DATE:
December 13, 2006
TO:
Bob Livingston
City Manager
FROM:
Gene R. Smallwood, P.E.
Director of Public Works
SUBJECT:
Consider proposal fromNationwide Water Resources in the amount
of $14,200 to provide engineering services associated with the
development of a hydraulic analysis of Turtle Creek south of City
Hall.
Background.
The proposed water feature improvements to Goar Park are designed
to use water from the creek, which will be pumped to the west end of the “babbling
brook” and cascade over boulders back to the creek. The City must make
application for a water use permit through the Commission on Environmental Quality
(TCEQ) for the aforementioned use of the water. The process is extremely
complicated and may involve minimal water rights payments to a downstream entity,
probably Dallas Water Utilities (DWU) for any losses to their appropriated rights. The
actual permit may not be received for 12 to 15 months, causing us to use treated
water in the interim (assuming the City’s Drought Contingency Plan does not allow
us to do so).
Attached to this memo is a proposal from Nationwide Water Resources, in which
they detail the process and the engineering services they will provide in connection
with the above-referenced application.
Recommendation.
Staff recommends City Council approval of the Nationwide
Water Resources proposal in the amount of $14,200.
DRAFT
December 6, 2006
Mr. Bob Whaling, P.E.
City Engineer
City of University Park
3800 University Boulevard
University Park, Texas 75205
RE: Proposal for Water Rights Permit Support Services, Turtle Creek Upstream of City
Hall
Dear Mr. Whaling:
Pursuant to our previous discussions, Nationwide Water Resource Services, Inc. (NWRS)
would be pleased to provide regulatory permit support services for a Texas Commission on
Environmental Quality (TCEQ) water use permit for proposed surface water amenities located
on Turtle Creek upstream of the University Park City Hall. NWRS understands that the
proposed water amenities will consist primarily of off-channel storage and recirculation, but
that some or all of the makeup water would be pumped from Turtle Creek. As such, any State
water (administered by the Texas Commission on Environmental Quality) pumped from Turtle
Creek may require a Texas Water Code Section 11.121 water use permit to authorize the use
of State water. NWRS understands that no “consumptive” uses of State water, such as
irrigation, are proposed. Evaporative losses and possibly other incidental losses would
typically comprise the only potential surface water impacts on downstream water right owners
under this assumed scenario.
As we discussed in our previous meeting, the availability of unappropriated State water for
new water rights in most portions of the upper Trinity River Basin, including the Turtle Creek
watershed, is extremely limited, and the acquisition a permanent water right (including a permit
to divert and use State water in a water amenity project that results in evaporative losses) may
be dependent upon a supplementary source of water, such as purchase from an existing water
right owner or maintaining impoundments, pools, water amenities, etc. full using a
supplementary source, such as a municipal water supply. A general practice historically has
been to purchase water (by contract) from the Dallas Water Utilities (DWU) Wholesale
Services Department or other local water right owners to offset evaporative losses in the
Trinity River Basin located upstream of existing water rights. A groundwater well may also be
an option for providing a supplementary water source. In the absence of a supplementary
source and/or water purchase contract, acquisition of a TCEQ permit for the diversion and use
of State water in this portion of the Trinity River Basin is deemed unlikely.
Mr. Bob Whaling, P.E.
December 6, 2006
Page 2 of 4
NWRS’s proposed scope of
In conjunction with the potential water rights permit application,
services will include the following:
?A pre-application meeting with the TCEQ water use permits staff in Austin to
discuss the proposed project, general water availability/unavailability issues that
may impact the permit application, possible concepts to minimize or possibly avoid
water rights issues and other pre-application topics. NWRS recommends the pre-
application meeting (as does TCEQ) in an effort to gain an understanding of current
water rights issues in the immediate project area and, in some instances, to modify
design concepts to avoid or minimize the use of State water;
?A current assessment of TCEQ water availability data for the Trinity River Basin in
the project area (specifically, the Turtle Creek watershed). The review and
preliminary assessment of water availability will be based on available TCEQ data
and results from the agency’s current water availability models;
?Acquisition of pertinent data on hydrologic characteristics of Turtle Creek (USGS
streamflow records, flow-duration data, low flow data, evaporation data);
?A maximum of three (3) meetings with the City and/or Raymond .L. Goodson, Jr.,
Consulting Engineers, Inc. (RLG) during the permit application development
process to acquire data and discuss the design with regard to information that is
pertinent to the permit application;
?Preparation of the permit application package (application form, maps, results of
studies, exhibits and appendices) for submittal to TCEQ; and
?Routine post-application follow-up support and liaison with the TCEQ staff
regarding the technical (non-administrative) portions of the application package
prepared by NWRS; for purposes of this proposal, NWRS assumes that a public
hearing will not be necessary, and that expert witness services will not be required..
Mr. Bob Whaling
December 6, 2006
Page 3 of 4
For purposes of this proposal and cost estimate, NWRS assumes that all necessary design drawings
and maps required for NWRS’s assembly of the water use permit application plans will be provided
in AutoCAD-compatible digital format by the City or RLG. NWRS also assumes that pertinent
property ownership data, legal descriptions and survey information necessary for the application will
be provided by the City.
NWRS understands that the proposed water amenities will not include a dam (as defined by TCEQ
as an impounding structure with a height of 6 feet or greater), and therefore will not require
hydrologic analyses and flood routing studies to determine/verify hydraulic adequacy of a dam and
spillway. In addition, the specified scope of services is limited strictly to TCEQ water rights permit
support, and does not address any other possible regulatory support requirements that may be
associated with the project on the Federal, State or local levels.
NWRS proposes to conduct the water rights permit support activities for the proposed water
amenities on a time-and-materials basis in accordance with the attached rate schedule. Based
on previous and similar water rights permit support activities which were uncontested and did
not require a TCEQ hearing, NWRS recommends a budget of $ 14,200 for the specified scope
of services, including labor and non-labor expenses. [This budget does not include direct costs
or fees associated with the application and it’s processing, including TCEQ application fees,
postage for notifying existing water rights owners in the Trinity River Basin, costs for
required newspaper publication of notices, or other application costs. NWRS recommends a
budget of at least $2,500 for these costs.] NWRS will invoice the City on a monthly basis.
If additional services by NWRS are required in conjunction with the application (e.g.,
additional agency liaison, consultation with attorneys, responding to protests, evaluation of
alternative water sources, expert witness services, etc.) or other tasks not specified in the
scope, such additional services will also be performed on a time-and-materials basis. NWRS
will prepare a specific scope and cost estimate for any requested additional services following
completion of the current scope.
Mr. Bob Whaling, P.E.
December 6, 2006
Page 4 of 4
NWRS is prepared to initiate the permit application support services upon receipt of design
data and supporting documentation for the proposed water amenities. With regard to project
scheduling and TCEQ regulatory permitting, please note that acquisition of an uncontested
Section 11.121 water use permit (with no public hearing) from TCEQ typically requires in
excess of one year following submittal of the application. NWRS makes no guarantees or
warranties regarding either the ability to acquire a water use permit or the time requirements
for receiving a permit from the TCEQ.
If the City of University Park wishes for NWRS to initiate the specified services in accordance
with the terms contained herein, please indicate approval and notice to proceed by signing and
dating in the space provided below and returning one executed copy to our office. We
appreciate the opportunity to assist the City on this permit support task. Please call me at
972/490-6977 if you have any questions.
Sincerely,
NATIONWIDE WATER RESOURCE SERVICES, INC.
Gary M. Pettit, P.E.
Attachment – Rate Schedule
AUTHORIZATION BY:
_____________________________________________ _____________________
CITY OF UNIVERSITY PARK Date
_____________________________________________
Title
ATTACHMENT A
NATIONWIDE WATER RESOURCE SERVICES, INC.
RATE SCHEDULE
Personnel:
Personnel costs for time-and-materials services are reimbursed on an hourly basis in
accordance with the following rate schedule:
Principal Engineer $140 - 185/hr
Senior Engineer $ 95 - 145hr
Project Engineer $ 78 - 120/hr
CADD Support/Technician $ 45 – 65/hr
Clerical/Administrative Support $ 22 – 35/hr
Travel and Subsistence:
Travel and subsistence expenses are invoiced at actual cost plus a handling charge of 15
percent. Cost of mileage is computed at a rate of 44.5 cents per mile.
In-Office Photocopies and Computer Printouts:
$0.10/page plus handling charge of 15 percent.
Purchased Services:
All purchased services and expendable supplies are invoiced at actual cost plus a handling
charge of 15 percent. Purchased services include, but are not limited to, subcontractors,
reproduction, computer time, rented or leased equipment, and long distance telephone.
Invoice Terms:
Invoices for all services rendered are payable net 30 days.
RATES (Effective 01/01/06)
A-1
AGENDA MEMO
(12-19-06 AGENDA)
DATE:
December 13, 2006
TO:
Bob Livingston
City Manager
FROM:
Gene R. Smallwood, P.E.
Director of Public Works
SUBJECT:
Consider proposal from R.L. Goodson in the amount of $18,200 to
provide engineering services associated with the development of a
hydraulic analysis of Turtle Creek south of City Hall.
Background.
The construction of the box culvert under the City Hall
expansion helped lower the 100-year flood plain in the area north of University Blvd.,
but improvements downstream are necessary to reduce it further. As previously
discussed with the City hall Oversight Committee and the City Council, structural
improvements to downstream structures will undoubtedly be necessary. However, a
hydraulic analysis of the stream must be developed to determine the type and size
of structures that will be designed and constructed. To that end staff solicited a
proposal to provide the engineering services necessary to perform the hydraulic
modeling and analysis.
R.L. Goodson will act as the lead consultant, and Nationwide Water Resources will
develop the technical modeling and report. That information will enable the City to
proceed with a contract to design and construct the improvements that will alleviate
flooding issues in the future.
Recommendation.
Staff recommends City Council approval of the R.L. Goodson
proposal in the amount of $18,200, subject to deleting the "limit of liability" clause.
AGENDA MEMO
(12/19/06 AGENDA)
DATE: December 13, 2006
TO: Honorable Mayor and Members of the City Council
FROM: Jim Criswell, Director of Information Services
SUBJECT: Award of Bids for City Hall/Peek Dispatch Technology Packages
BACKGROUND:
To complete the City Hall remodel and Peek Dispatch Center projects, the
technology package is one of the last remaining items to be considered. The
technology package consists of three requests for proposal.
RFP-001 – Voice and Data Cabling – This RFP is to provide the phone and
computer network wiring from the appropriate computer room to the work area
outlets throughout the building. It includes the wire basket and J-hook system to
support the wire distribution.
RFP-002 – Audio/Visual Systems – This RFP is to provide the video and sound
equipment to support multiple input sources in six conference rooms and the
Council Chambers at City Hall. Also included is the Cable TV distribution system
throughout the building.
RFP-003 – Security Systems – This RFP is to provide security cameras, door access
control devices, intercoms, and duress buttons in appropriate locations throughout
City Hall and the Peek Dispatch Center. These devices will be controlled and
monitored by a centralized computer system.
Gallagher Construction Services is providing construction management, and the
City will enter into individual contracts for each of the specific proposals. Attached
is the Gallagher recommendation letter and bid tabulation for each RFP.
Award of Bids for City Hall/Peek Dispatch Technology Packages Page 2
RECOMMENDATION:
Staff and Gallagher Construction Services recommend City Council approval of the
proposal packages RFP-001, RFP-002, and RFP-003, and authorization for the City
Manager to enter into a contract with each proposer. This recommendation was
unanimously approved on December 13, 2006 by the City Hall Renovation
Oversight Committee.
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
December 13, 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
Dispatch Center and Temporary Police Station - 2006
Recommendation to Award – Technology Packages
Mr. Livingston:
The City of University Park received competitive proposals for the Technology Packages for the University Park City
Hall and Dispatch Center/Temporary Police Station on Tuesday, November 14, 2006. Please refer to the following
bid tabulations for results.
After evaluating each proposal with the City’s Information Services Department, Gallagher Construction Services
recommends that the City of University Park extend contract awards to the following companies in the specified
amounts:
Dispatch Center/
City Hall Temporary Police
BP# Scope Contractor Additions/Renovations Station
RFP-001 Voice and Data Cabling DATATEX SERVICES $ 81,000 $ 23,000
RFP-002 Audio/Visual Systems MEDIA MANAGEMENT $ 248,249 N/A
RFP-003 Security Systems SECURENET $ 287,016 $ 50,745
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.
Gallagher Construction Services honored for the opportunity to work with the City of University Park on this project.
Sincerely,
GALLAGHER CONSTRUCTION SERVICES
Von Gallagher, Vice President
cc: Jim Criswell – City of University Park
University Park City Hall
11/14/06
2:00 PM
Additions and Renovations - Technology Packages - 2006
PROPOSAL TABULATION
BASE BIDLTERNATE #1
A
CITY HALL DISPATCH
RFP-001VOICE AND DATA CABLINGB1
ADDITIONS AND CENTER/TEMP
RENOVATIONSPOLICE STATION
DATATE
X
X$81,000$23,000
CMC NETWORK SOLUTIONS
X$86,793$26,245
X-CONNECT, INC.
X$119,540$29,486
NETVERSANT - TEXAS, INC.
NO BID SECURITY
THOMAS TECHNOLOGIES
NO BID SECURITY
REAL NETWORK SERVICES
NO BID SECURITY
M-OPTIC SALES
OFFICE TELNET
SUPERIOR FIBER AND DATA SERVICES
COMMUNICATION CONCEPTS
LPHA BURGLAR & FIRE ALARM
A
LANTEK COMMUNICATIONS
BASE BIDLTERNATE #1
A
CITY HALL DISPATCH
RFP-002AUDIO/VIDEO SYSTEMSB1
ADDITIONS AND CENTER/TEMP
RENOVATIONSPOLICE STATION
MEDIA MANAGEMENT
XX$248,249N/A
THE WHITLOCK GROUP
XX$291,270N/A
COMMUNICATION CONCEPTS
CCENT AUDIO VIDEO
A
INFINITY SOUND
LANTEK COMMUNICATIONS
BASE BIDLTERNATE #1
A
CITY HALL DISPATCH
RFP-003SECURITY SYSTEMSB1
ADDITIONS AND CENTER/TEMP
RENOVATIONSPOLICE STATION
SECURENET, INC.
X
28701650745
$,$,
HENRY BROTHERS ELECTRONICS
X
32771161987
$,$,
NETVERSANT - TEXAS, INC.
NO BID SECURITY
COHESIVE AUTOMATION
CONVERGINT TECHNOLOGIES
MASTERSOUND
SAS SECURITY ALARM
SECURITY & DIGITAL SURVEILLANCE
SIEMENS BUILDING TECHNOLOGIES
SYSTEMS GROUP, INC.
COMMUNICATION CONCEPTS
LPHA BURGLAR & FIRE ALARM
A
LANTEK COMMUNICATIONS
ENTECH SALES
SDS SYSTEMS
AGENDA MEMO
(12/19/2006 AGENDA)
DATE: December 4, 2006
TO: Honorable Mayor and City Council
FROM: Gary W. Adams, Chief of Police
SUBJECT: Interlocal Agreement for School Resource Officer Amended
Background/Analysis
The City of University Park, through its Police Department, wishes to enter into an interlocal
agreement with the Town of Highland Park for the placement of a School Resource Officer
(SRO) on the campus of Highland Park High School. The SRO’s presence on campus is for
the increased safety and well-being of the students, staff and faculty. The SRO program will
also work to establish a good rapport between the police and students, parents, staff, faculty,
administration and other adults. Finally, the program will focus on student well-being and
safety, primarily through anti-drug and alcohol abuse education programs.
An agreement was previously approved by council. The Town of Highland Park has amended
the agreement as follows.
1. The Town of Highland Park will pay 25% of “the actual cost of salary and
benefits for the SRO, net of all non-governmental contributions to the
program.”
2. The Town of Highland Park requests that the statement sent to them by the
City Of University Park is “itemized.”
3. “Should the services of the SRO be provided for a partial school year, the
statement shall be prorated for the months that the services were actually
provided.”
Recommendation
Staff recommends that the City enter into the approved amended interlocal agreement with the
Town of Highland Park for the placement of a School Resource Officer (University Park
Police Department Sworn Officer) at the campus of Highland Park High School.
Attachments:
Proposed Amended Interlocal Agreement from The Town of Highland Park
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\SRO agenda memo with changes from HP
121906.doc 9:50 AM 12/14/06
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
INTERLOCAL COOPERATION AGREEMENT
FOR JOINT PROVISION OF POLICE SERVICES
THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into on this
___ day of December 2006, by and between the City of University Park, Texas (hereinafter
referred to as “CITY”), acting by and through its Mayor or his designee, and the Town of
Highland Park, Texas (hereinafter referred to as “TOWN”), and acting by and through its Mayor
or his designee.
WITNESSETH:
WHEREAS
, the Texas State Legislature has authorized the use of interlocal cooperation
agreements between and among governmental entities for the provision of
governmental services and functions; and
WHEREAS
, this Interlocal Cooperation Agreement is made under the authority granted by and
pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter
791, and as otherwise provided herein, relative to the joint authorization by CITY
and TOWN to provide certain police services.
WHEREAS
, the governing bodies find that the performance of this agreement is in the common
public interest of both parties, and that the services provided pursuant hereto
benefit the citizens of the CITY and the TOWN; and
WHEREAS
, the parties, in expending funds in the performance of the governmental functions
or in performing such governmental functions under this Agreement, shall make
payments therefore only from current revenues legally available to such party;
NOW THEREFORE, FOR AND IN CONSIDERATION
of the mutual agreements
contained herein, the parties hereto do hereby agree as follows:
I
AGREEMENT
A. The CITY and TOWN agree, under the terms and conditions provided herein, and with
consent of the Highland Park Independent School District, to share the cost of provision
of the police personnel, salary and benefits, equipment and supplies, necessary for
implementation of the School Resource Officer (SRO) program at the Highland Park High
School for the period of the school semester beginning in January, 2007.
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B. The CITY will employ and furnish an appropriately trained and experienced police officer
of its Department for the SRO position during the term hereof. The parties agree that the
CITY will pay 75% and the TOWN will pay 25% of the actual cost of salary and benefits
for the SRO, net of all non-governmental contributions to the program. The CITY will
advance and pay all such costs as they accrue and the TOWN will reimburse the CITY for
its 25% share upon receipt of an itemized statement from the CITY which will be rendered
on or before June 30 and payable in full on or before August 15, 2007. Should the
services of the SRO be provided for a partial school year, the statement shall be pro rated
for the months that services were actually provided.
II
GENERAL REQUIREMENTS APPLICABLE TO TOWN AND CITY
The following subparagraphs shall apply to this Agreement:
A. (1) IMMUNITY: Nothing in this Agreement shall be construed to affect, alter, or
modify the sovereign immunity of either party under the Texas Civil Practice and
Remedies Code §§101.001 et seq. It is expressly understood and agreed that in the
execution of this Agreement, neither CITY nor TOWN waives, nor shall be deemed to
waive, any immunity or defense that would otherwise be available to each against claims
arising in the exercise of its governmental powers and functions.
(2) INSURANCE: During the term of this Agreement, and any extensions thereof,
CITY agrees to obtain and maintain, as part of the cost of providing the services described
herein, general liability insurance naming TOWN as an additional insured to protect
against potential claims arising out of the CITY’s provision of the service. The CITY
shall furnish TOWN with a certificate of insurance in accordance with this paragraph
within sixty (60) days from the date of execution of this Agreement. Nothing contained
herein shall be construed to grant any third party rights or waive the governmental and/or
public purpose of the provision of the police service described in this Agreement. TOWN
may also have its own insurance, at its own expense, for any liability for such services, if it
so chooses.
B. THIRD PARTIES: This Agreement does not create any third-party beneficiaries.
Nothing in this Agreement shall be construed to create, expand or form a basis for liability
to any third party under any theory of law against either the CITY or TOWN unless such a
basis exists independent of this Agreement under State or federal law.
C. NOTICE: Each notice or other communication which may be or is required to be given
under this Agreement shall be in writing and shall be deemed to have been properly given
when delivered personally during the normal business hours of the party to whom such
communication is directed, or upon receipt when sent by United States registered or
certified mail, return receipt requested, postage prepaid, to the appropriate one of the
following addresses as may be designated by the appropriate party; however, each party
70520
has a right to designate a different address by giving the other party fifteen (15) days prior
written notice of such designation:
If to TOWN:
Mayor
Town of Highland Park
If to CITY:
Mayor
City of University Park
C.MANAGEMENT AUTHORITY During the term of this Agreement, and any extensions
thereof, CITY agrees to provide adequate supervision and training of the police officer
assigned to be the SRO. The CITY shall perform and exercise all rights, duties and
functions and services in compliance with all applicable Federal, State and local laws and
regulations.
E. CLAIMS AGAINST PARTIES: Each party shall be responsible for defending and/or
disposing of all causes arising against the respective party as a result of this program. It is
expressly understood and agreed that in the execution of this contract, neither CITY nor
TOWN waives, nor shall be deemed to waive, any immunity or defense that would
otherwise be available to each against claims arising in the exercise of governmental
powers and functions.
F. TERM: The term of this Agreement shall be for the school semester commencing on the
first day of the Spring school term, 2007.
G. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties
hereto, and no other oral or written commitments shall have any force or effect if not
contained herein.
H. SEVERABILITY: In case any one (1) or more of the provisions contained herein shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision thereof, and this
Agreement shall be construed as if such invalidity, illegality or unenforceable provision had
never been contain herein.
I. AUTHORITY: The undersigned officers and/or agents are authorized to execute this
contract on behalf of the parties hereto, and each party hereto certifies to the other that
any necessary resolutions extending such authority have been duly passed and are now in
full force and effect.
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III
TERMINATION
Either party, or the Highland Park Independent School District, may terminate this
Agreement with or without cause, by giving prior written notice of the date of termination to the
other party, as provided herein.
IV
REMEDIES
No right or remedy granted or reserved to the parties is exclusive of any other right or
remedy herein by law or equity provided or permitted; but each shall be cumulative of every other
right or remedy given hereunder. No covenant or condition of this Agreement may be waived
without written consent of the parties. Forbearance or indulgence by either party shall not
constitute a waiver of any covenant or condition to be performed pursuant to this Agreement.
V
APPLICABLE LAW
This Agreement is governed by the laws of the State of Texas and venue of any action
brought to enforce the terms hereof shall lie exclusively in Dallas County, Texas.
VI
RECITALS
The recitals to this Agreement are incorporated herein for all purposes.
VII
EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
Duplicate originals executed by the parties to be effective on the date first written above.
ATTEST: CITY OF UNIVERSITY PARK, TEXAS
By: ____________________________________ By: ________________________________
City Secretary James H. Holmes III, Mayor
70520
APPROVED AS TO FORM:
_______________________________________
City Attorney
ATTEST: TOWN OF HIGHLAND PARK, TEXAS
By: ____________________________________ By: ________________________________
Town Secretary William D White, Jr., Mayor
APPROVED AS TO FORM:
_______________________________________
Town Attorney
THE STATE OF TEXAS §
§ City Acknowledgment
COUNTY OF DALLAS §
BEFORE ME
, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared James H. Holmes, III known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and
as the act and deed of the City of University Park, a municipal corporation of Dallas County,
Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ________ day of
_______________ 2006.
____________________________ ____________________________
My Commission Expires: Notary Public In and For
The State of Texas
____________________________
Notary’s Printed Name
70520
THE STATE OF TEXAS §
§ Town Acknowledgment
COUNTY OF DALLAS §
BEFORE ME
, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared William D White, Jr. known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and
as the act and deed of the Town of Highland, a municipal corporation of Dallas County, Texas,
and as the Mayor thereof, and for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of December 2006.
____________________________ ____________________________
My Commission Expires: Notary Public In and For
The State of Texas
____________________________
Notary’s Printed Name
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AGENDA MEMO
(12/19/06 AGENDA)
DATE:
December 14, 2006
TO:
Honorable Mayor and Council
FROM:
Robbie Corder, Assistant to the Director of Public Works
SUBJECT:
Resolution Authorizing the City Manager to Approve Residential License
Agreements
ITEM:
Residential license agreements are needed whenever private property owners desire to
place facilities within the City’s rights-of-way. Typically, the license agreements are for
sump pump drains associated with below grade construction (i.e. basements).
The Code of Ordinances requires projects with below grade construction to contain
drainage systems that must be drained through enclosed pipe into the City's storm water
drainage system, or develop an engineered solution that addresses the ground water. The
most common solution involves connecting a pipe from the property into the City’s
stormwater system; therefore, the property owners must seek approval of the license
agreements from the City Council.
Staff requests Council consideration of a resolution authorizing the City Manager to
approve residential license agreements. The existing requirements will not change, and the
license agreements would still need to be filed by the property owners with Dallas County.
RECOMMENDATION:
Staff recommends approval of the resolution.
ATTACHMENTS:
Resolution
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDAMEMO (11) (2).doc 10:04 AM 12/14/06
RESOLUTION NO. _________________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, DELEGATING AUTHORITY FOR THE APPROVAL OF
RESIDENTIAL LICENSE AGREEMENTS TO THE CITY MANAGER OR HIS
DESIGNEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City Council is called on from time to time to review Residential License
Agreements involving drainage and other improvements to be placed in the City right-of-way; and
WHEREAS
, such License Agreements are considered to be routine in nature, not
requiring detailed City Council review; and
WHEREAS
, it is deemed advisable by the City Council to delegate approval of such
agreements to the City Manager or his designee; NOW, THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1.
That review and approval of a Residential License Agreement for the
placement of improvements in, under, or upon City right-of-way, easement or property in
connection with a residential development in the City is hereby delegated to the City Manager or
his designee.
SECTION 2.
All other License Agreements proposed for use of City property shall be
submitted to the City Council for review and approval.
SECTION 3.
This Resolution shall take effect immediately from and after its passage,
and it is accordingly so resolved.
DULY PASSED
by the City Council of the City of University Park, Texas, on the 19th
day of December 2006.
APPROVED:
__________________________________
JAMES H. HOLMES III, MAYOR
APPROVED AS TO FORM: ATTEST:
___________________________________ __________________________________
City Attorney NINA WILSON, CITY SECRETARY
(RLD/12-08-06)(RESO12209)
ZONING ORDINANCE ADVISORY COMMITTEE
MINUTES
September 26, 2006
The Zoning Ordinance Advisory Committee of the City of University Park met on Tuesday
September 26, 2006 at 12:00 P.M. at the Peek Service Center, 4420 Worcola St., Dallas, Texas.
The following are minutes of that meeting.
Committee Members Attending:
Robert F. Spies - Chairman
Kim Kohler
Clay Snelling
Pat Mills
Anne Harrison
Scott Helbing
Edward D. Biggers
Don Laidlaw
Gretchen Henry
Tina Peyton
Staff Members Attending:
Bud Smallwood - Director of Public Works
Harry Persaud - Community Development Mgr.
Bob Whaling - City Engineer
Jennifer Deaver - Building & Zoning Assistant
Rob Dillard - City Attorney
Bob Livingston - City Manager
Council Liaison: Kelly Walker
I.Cal! to Order.
Mr. Spies called the meeting to order. He then introduced Mr. and Mrs. Cooper, owner /
residents of the property situated at 3848 and 3844 Bryn Mawr. After requesting permission from
Harry Persaud, The Coopers' addressed the committee on fencing the adjacent, separately platted
lot that they purchased to use for recreational purposes. Though this can be done if the plat is
amended, they wish to leave the properties as two parcels.
2. Receive a report regarding accessory structures on single family lots without a main building
and provide directions to staff
Staff and Committee members reviewed the information and discussed the issues that the
Coopers presented. Mr. Persaud presented a power point to determine that there were two options
in which this situation could be resolved. One being to leave the ordinance as it exists. Two being
to allow the Coopers to construct a fence on the property and do not allow any water or sewer
connections. Mr. Spies inquired if the city should keep an ordinance in place that is not being
enforced. A discussion ensued as to why the property owners do not wish amend the plat. Mr.
Snelling then made a motion to keep the ordinance as it is. The motion was unanimous 9-0.
3. Consider approval of the minutes of the January 25, 2006 meeting with or without corrections.
Mr. Kohler made a motion to approve the minutes from the January 25, 2006 meeting and the
minutes were unanimously approved 9-0.
2
4.Adjourn.
There being no further business before the Committee, Mr. Spies adjourned the meeting.
\ \ (~iftU
Date
3