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HomeMy WebLinkAboutAgenda 01-02-07 WebA G E N D A #2701 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK CITY HALL COUNCIL CHAMBERS TUESDAY, JANUARY 2, 2007 AT 5:00 P.M. 4:00-4:15 PM EXECUTIVE SESSION: CONSULTATION WITH CITY ATTORNEY TO RECEIVE LEGAL ADVICE REGARDING CONTEMPLATED LITIGATION UNDER SECTION 551.071, GOVERNMENT CODE 4:15-5:00 PM WORK SESSION FOR AGENDA REVIEW I.INVOCATION – City Manager Bob Livingston II. PLEDGE OF ALLEGIANCE – City Manager Bob Livingston/Boy Scouts III.INTRODUCTION OF COUNCIL – Mayor James H. Holmes, III IV.INTRODUCTION OF STAFF – City Manager Bob Livingston V.AWARDS AND RECOGNITION CERTIFICATE OF APPRECIATION: Ragland, Strother & Lafitte for Assistance in Obtaining $6,885 Grant for Fire Department from Fireman’s Fund Insurance Company VI. CONSENT AGENDA A.CONSIDER: Agreement with Gary Adams to Provide Services as Chief of Police B.CONSIDER: Approval of City Council Meeting Minutes for December 19, 2006 VII.MAIN AGENDA A.CONSIDER: Proposal for Public Safety Dispatch Consoles for Peek and City Hall Dispatch Centers B.CONSIDER: Purchase of Radio Communications Equipment C.CONSIDER: Purchase of new Sewer Cleaner/Flusher Truck VIII.ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Questions and comments regarding Main Agenda items 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. IX. INFORMATION AGENDA REPORTS, BOARD AND COMMITTEE MEETING MINUTES A.BOARD OF ADJUSTMENT B.EMPLOYEE BENFITS ADVISORY COMMITTEE C.FINANCE ADVISORY COMMITTEE D.PARK ADVISORY COMMITTEE E.PLANNING & ZONING COMMISSION Minutes for November 13, 2006 F.PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COMMITTEE G.PUBLIC SAFETY ADVISORY COMMITTEE H.PUBLIC WORKS ADVISORY COMMITTEE I.URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE J.ZONING ORDINANCE ADVISORY COMMITTEE K.CAPITAL PROJECTS REVIEW COMMITTEE MEMORANDUM December 11, 2006 TO: Nina Wilson, City Secretary FROM: Rick Black, Deputy Chief SUBJECT: Agenda Item and Certificate of Appreciation For the second year in a row, the University Park Fire Department is the recipient for a grant paid for by Fireman’s Fund, a premier property and casualty insurance company, SM which provides grants to fire departments through its Fireman’s Fund Heritage program. Through this grant initiative, local insurance agencies like Ragland, Strother and Lafitte are able to direct grants to assist and support their local communities. \ In an effort to provide appropriate recognition to Ragland, Strother and Lafitte and commemorate our receipt of a $6885.00 grant; I request the city to issue a Certificate of Appreciation and that this recognition be conducted during Council meeting on January 2, 2007. I am available for any comments or questions. RB/rb Attachment: Draft Press Release from Fireman’s Fund cc: David Ledbetter, Fire Chief 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 U:\Memo's\FY 06-07\Fireman's Fund Grant Recongition.doc 10:19 AM 12/11/06 Contact: Stephanie Johnson, Community Relations ph: 469.426.6773 For Immediate Release UNIVERSITY PARK FIRE DEPARTMENT TO RECEIVE GRANT TO IMPROVE EMERGENCY FIRE COMMUNICATIONS Radio Amplified Communication System Part of Donation Package Made by Ragland Strother & Lafitte and Fireman’s Fund Dallas, Tex. (TBD, 2007) – Ragland, Strother & Lafitte and Fireman’s Fund Insurance Company will award a $6,885 grant to the University Park Fire Department. The grant will be used to upgrade emergency communications for the department. The donation will allow the fire department to improve its current emergency fire communications system. The equipment is the latest line of radio technology offered in emergency services. The Scott eclipse system is a radio amplified communication system that uses Bluetooth technology to improve firefighter communication when working in a hazardous environment. The radio communication system is designed to promote stronger person-to-person communication and provides up to 20 hours of continuous operation without a battery change. “The events of September 11 really highlighted the need for improved emergency fire communications,” said University Park Fire Chief David Ledbetter. “We are extremely grateful to Ragland, Strother & Lafitte and Fireman’s Fund for affording us the opportunity to improve how we communicate in risky situations.” The grant will be presented during the University Park City Council meeting: Date / Time: Location: January 2, 2007 University Park Fire Dept. 5:00 p.m. 3800 University Blvd. Dallas, TX -MORE- (Page 2: University Park Grant) The grant was paid for by Fireman’s Fund, a premier property and casualty insurance company, which provides grants to fire departments through its Fireman’s Fund SM Heritage program. Through this initiative, local insurance agencies like Ragland, Strother and Lafitte are able to direct grants to assist and support their local communities. “We truly feel honored to have been able to provide the grant to the University Park Fire Department,” said Pam Hanson (insert title) of Ragland, Strother & Lafitte. “Our firefighters provide a tremendous service to the community and we are proud to support these dedicated men and women who help make our communities safer.” About Ragland, Strother & Lafitte (Insert Agency Information) About Fireman’s Fund Fireman’s Fund Insurance Company is a premier property and casualty insurance company providing personal, commercial and specialty insurance products nationwide. Founded in 1863 with a mission to support firefighters, Fireman’s Fund continues this mission today through the Fireman’s Fund Heritage program. Fireman’s Fund employees and its network of independent agents award grants and provide volunteer support to local and national fire service and burn prevention organizations. Fireman’s Fund is a member of the Allianz Group (NYSE: AZ), one of the world’s largest providers of insurance and other financial services. For more information, visit www.firemansfund.com. ####### ©2006 by Fireman’s Fund Insurance Company. Novato, CA. All rights reserved. AGENDA MEMO (01/02/07 AGENDA) DATE: December 28, 2006 TO: Mayor and City Council FROM: Bob Livingston, City Manager SUBJECT: Approval of an Agreement with Gary Adams to Provide Services as Chief of Police History I have recently discussed with Chief Adams his desire to begin drawing his retirement from the Texas Municipal Retirement System (TMRS). Because of his years of service in the system, he is at the point that his, and the City’s continued contributions to TMRS, are having little impact on the benefits he will receive. This is becoming a somewhat common situation in Texas for employees, who have 30 or more years in the TMRS. In fact, TMRS will most likely propose legislation in the upcoming session to allow an employee to receive retirement payments under the system and continue municipal employment. In the end the decision to allow an employee to continue working while on retirement will rest with the municipality. Toward that end, I am recommending that the Council authorize me to execute the attached contract with Chief Adams. As drafted he will retire effective the first of the year. He will be allowed to purchase health insurance at the same price as any other retiree. Instead of making a contribution to TMRS, the City will make a comparable contribution to deferred compensation like account. However, ownership of the funds in the account will remain with the City until Chief Adams reaches age 60. This will serve as an incentive for him to continue working for University Park until that age. However, provisions are included to allow either party to end the contract prior to that time. This arrangement will result in no higher cost to the City than if Chief Adams were to remain a full time employee. Recommendation It is recommended that the Council authorize the City Manager to execute the Agreement with Chief Adams. If you have questions, please let me know. Cc: Chief Adams Luanne Hanford 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\COPCONTRACT010207.doc 8:37 AM 12/28/06 CONTRACT FOR PROFESSIONAL SERVICES OF GARY ADAMS AS CHIEF OF POLICE This Contract for Professional Services is made and entered into effective as of this 2nd day of January 2007, by and between the City of University Park, Texas, a municipal corporation (the "City"), and Gary Adams ( "Chief Adams"), to establish and set forth the terms and conditions for Chief Adams to provide services as Chief of Police. For good and valuable consideration, including the mutual covenants herein contained, the City and Chief Adams hereby contract, covenant, and agree as follows: Section 1. Duties The City hereby contracts with Chief Adams to provide services as Chief of Police for the City and to perform the duties and functions specified in the City of University Park Home Rule Charter, Ordinances, this Agreement, as well as those that shall be assigned from time to time by the City Manager. Chief Adams is an independent contractor and is not an employee of the City. Work product of Chief Adams will remain the property of the City of University Park. Section 2. Term The term of this Contract shall be indefinite and shall be and remain in full force and effect until terminated by the City or Chief Adams as herein provided. The Chief shall serve at the pleasure of the City Manager and nothing in this Contract shall prevent, limit or otherwise interfere with the right of the City Manager, to terminate the services of the Chief at any time, subject only to the provisions set forth in Section 11 titled "Termination and Severance." Section 3. Payment City agrees to pay Chief Adams, through its accounts payable system the sum of $ 12,743 each month. Such payments will be made with the last accounts payable run each month. Chief Adams is not required to invoice the City for his services. Adjustments to the amount paid Chief Adams for his services under this Contract may be made by written amendment hereof approved by the parties. Section 4. Other Payments and Expenses Incidental expenses required of the Chief in connection with the performance of his assigned duties may be paid either using a city charge card or by filing for reimbursement on the appropriate forms with the City. All such payments must be approved by the City Manager. Section 5Performance Payment . In addition to the payments outlined above, the City agrees to make a $23,500 payment at the close of each year to a tax deferred account to be created jointly by Chief Adams and the City. Chief Adams will become the owner of said account when he reaches age 60. Payments to the account can continue if Chief Adams wishes to continue this contractual agreement past age 60. Section 6. Professional and Civic Development The City agrees to budget and pay for the civic and professional membership dues and subscriptions of Chief Adams necessary for his continuation and participation in national, regional, state, and local associations which are necessary and desirable for his continued professional participation, growth and advancement, and for the good of the City. Section 7. Responsibilities of Chief Adams Chief Adams will provide at his expense a vehicle for his local transportation. Chief Adams will be allowed to purchase health insurance through the City in the same manner and cost as other retirees. Chief Adams will be responsible for making timely payments for such coverage in a manner determined by the Finance and Human Resources Directors. Chief Adams will further be required to provide C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\COPCONTRACT121406.rtf 12/28/2006 8:39 AM evidence to the City on a quarterly basis that payments for Federal Taxes, Social Security, and Medicare, have been made in the proper amounts and to the proper agencies. Section 8. Limits on Outside Employment and Absences Chief Adams will devote full time and effort to the performance of the duties of Chief of Police of the City. It is recognized that Chief Adams will need to be absent from his duties from time to time. Such absences are to be scheduled with the City Manager and Chief Adams will designate an individual in the Department to act as Chief of Police during such absences. Section 9. Conflict of Interest Prohibition Chief Adams shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City, except for stock ownership in a company whose capital stock is publicly held and regularly traded on any stock exchange, without the prior written approval of the City. For and during the term of the Agreement, Chief Adams shall, except for a personal residence or residential property acquired or held for future use as Chief Adam’s personal residence, not invest in any other real estate or property improvements within the City, without the prior written consent of the City. All rules of the City and State of Texas regarding conflicts of interest and nepotism shall apply and be observed by Chief Adams. Section 10. Indemnification The City shall defend, save harmless and indemnify the Chief as provided in Chapter 13.10 of the Home Rule Charter for the City of University Park for his actions taken while acting as Chief of Police on behalf of the City. Section 11. Termination and Severance Pay If Chief Adams is convicted of a misdemeanor involving moral turpitude or personal gain, or any felony, the City shall have no obligation to pay the severance payments designated in this Section. A. Termination.In the event the City wishes to terminate this contract during the term of this Agreement but Chief Adams is willing and able to perform all his duties under this Agreement, the City agrees to pay the Chief Adams a lump sum payment for services equal to six months payments under this Agreement. B. Resignation.If Chief Adams wishes to terminate this Agreement, he shall give 60 days notice in advance unless the City agrees otherwise. Section 12. General Provisions. . A. Section HeadingsAll section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. B. Governing Law.This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas. Venue shall lie exclusively in Dallas County, Texas. C. Severability. In the event any one or more of the sections, provisions or clauses 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 of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. D. Entire Agreement.This Agreement incorporates all the agreements, covenants and understandings between the City and Chief Adams concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this written Agreement. No other prior agreements C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\COPCONTRACT121406.rtf 2 12/28/2006 8:39 AM or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. E. Amendment.This Agreement shall not be modified or amended except by a written instrument executed by the City and Chief Adams. F. Effective Date.This Agreement shall be and become in full force and effect as of the date above first written and the execution and delivery hereof by the authorized officer of the City and Chief Adams. G. Counterparts.This Agreement may be executed in duplicate original counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall together constitute but one in the same instrument. Section 13. Notices. All notices, demands, and other writings may be delivered by either party hereto to the other by United States Mail, or by a reliable commercial courier at the following address: CityChief Adams City Manager Gary Adams City of University ParkCity of University Park 3800 University Blvd. 3800 University Blvd. University Park, TX 75205 University Park, TX 75205 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service, or three (3) days after the date the notice is deposited in the United States Mail or with a commercial courier. IN WITNESS WHEREOF, the City and Gary Adams have executed this Agreement effective as of the date first written above. CITY OF UNIVERSITY PARK CHIEF ADAMS Bob Livingston Gary Adams City Manager Chief of Police ATTEST: APPROVED AS TO FORM: Nina Wilson Rob Dillard City Secretary (City Seal) City Attorney C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\COPCONTRACT121406.rtf 3 12/28/2006 8:39 AM MINUTES #2631 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, DECEMBER 19, 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. Two Boy Scouts introduced themselves and stated the badge upon which they were working: Luke McBride, 4307 Glenleigh Drive and Will Jackson, 3710 Armstrong. Councilmember Walker moved approval of the Consent Agenda. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER AMENDMENT TO TXU ORDINANCE: At the request of members from the University Park Residents in Action Committee (UPRIA), the city council passed an ordinance th on December 5 “requesting” that TXU remove and reroute the transmission line outside of the University Park City Limits. The council was 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. Due to narrow alley rights-of-way 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. ORDINANCE NO. 06/25 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). CONSIDER RESOLUTION AUTHORIZING SET-UP OF BANK ACCOUNT FOR HEALTH INSURANCE PROGRAM: The City is changing its self-funded employee health insurance program and is replacing Fiserv (formerly Wausau Benefits) with CIGNA HealthCare. The attached resolution contains wording provided by CIGNA to establish an account for their use with JPMorgan Chase. RESOLUTION NO. 06-22 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. CONSIDER ORDINANCE FOR REGULATION OF FOOD ESTABLISHMENTS, 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. ORDINANCE NO. 06/36 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. CONSIDER RESOLUTION AMENDING MASTER FEE SCHEDULE: 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. RESOLUTION NO. 06-23 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. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For December 5, 2006. MAIN AGENDA PUBLIC HEARING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE BY PROVIDING SPECIFIC REGULATIONS FOR BUILDING SETBACK AND BUILDING HEIGHT FOR BLOCK H, PRESTON CENTER PLAZA: The current building setbacks for Preston Center Plaza are referenced to a 1947 plat of record filed June 10, 1947. The building setbacks off 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’. The property owner is requesting a five foot ((5’) setback for Block H in order to attract a Café R&D restaurant on the site. The Planning and Zoning Commission held a public hearing on October 9, 2006 and considered the item on November 13, 2006, voting unanimously to recommend approval for a building setback 5’ off the property line on Wentwood Drive; a maximum building height of 18’ for a distance of 23’ from the property line on Wentwood Drive and landscaping to be installed as shown on the conceptual site plan. Mayor Holmes opened the public hearing. As no one wished to speak, he closed the public hearing. It was to be noted that the water feature is not approved in the site plan. Mayor Pro Tempore Shawver moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to approve the amendment to the comprehensive zoning ordinance by providing specific regulations for building setback and building height for Block H, Preston Center Plaza. CONSIDER ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE BY PROVIDING SPECIFIC REGULATIONS FOR BUILDING SETBACK AND BUILDING HEIGHT FOR BLOCK H, PRESTON CENTER PLAZA: ORDINANCE NO. 06/37 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. REPORT REGARDING SPECIAL EXCEPTION FOR 8’ WROUGHT IRON FENCE IN FRONT YARD AT 6023 ST. ANDREWS: Gilbert J. and Patricia Besing, property owners at 6023 St. Andrews, installed an 8’ wrought iron fence in the front yard of their home in violation of city codes. Staff requested they bring their property into compliance. The Besings applied to the Board of Adjustment for consideration of a variance. The Besings attorney, 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 within 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 handrails that have 3” clear vision between vertical posts, provided such posts are a maximum of 1” in width and do not exceed 48” in height. Section 28- 105 (3) provides for the following fences and walls in front yards: “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 5’ in height, architecturally attached to the main building and extending not more than 6’ into the front yard; (b) Any edging for flower or landscaping beds that does not exceed 12” in height; (c) Retaining walls not exceeding 2’ in height above the average natural grade of the front yard; (d) Masonry walls not exceeding 2’ in height; or (e) Where specifically authorized by another section of the Comprehensive Zoning Ordinance.” The Zoning Ordinance Advisory Committee (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. Mayor Holmes moved that the item be referred to the Planning & Zoning Commission and that staff draft an ordinance to bring back to the council at a future date. Councilmember Walker seconded, and the vote was 3-0 in favor with Councilmember Carter having been recused from the issue at an earlier meeting and Councilmember Grable abstaining. REPORT REGARDING PLANTER BOX INSTALLED IN PUBLIC RIGHT-OF-WAY AT 6700 GOLF DRIVE: Alan Rich, property owner of 6700 Golf Drive, installed a planter box with stone edging in the public parkway. A resident in that neighborhood complained to staff. 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 property owner appealed to the council and the item was discussed on October 3, 2006. Council forwarded it to ZOAC for further review and recommendation. ZOAC considered the item at its regular meeting on November 28, 2006 and unanimously recommended that the planter box be removed. Fire Chief David Ledbetter explained the fire department’s opposition due to public safety issues. Mayor Pro Tempore Shawver moved the recommendation of ZOAC to leave the ordinance in place be accepted. Councilmember Grable seconded, and the vote was unanimous to approve the recommendation of ZOAC to leave the ordinance in place. On a 4-1 vote, with Mayor Pro Tempore Shawver against, Mayor Holmes moved and Councilmember Grable seconded a motion to document existing locations, but to notify builders and property owners that they cannot construct anything in the rights-of-way in the future. REPORT REGARDING VIOLATIONS OF COMPREHENSIVE ZONING ORDINANCE RELATING TO DWELLING UNIT OCCUPANCY: Over the past four months, the building department has received five complaints affecting five separate buildings regarding occupancy violations in which a dwelling unit is occupied by more than two unrelated persons. It appears that some property owners are unaware of the occupancy requirements. Staff will notify property owners in the Single Family Attached, Duplex D, and Multi Family 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 beginning June 1, 2007, and staff recommended further enforcement action be put on hold until June 1, 2007. Mary Graves, 6716 Hursey, president of the homeowners association, was concerned about the number of people in the units. Michael Corman, 3100 Milton, asked what the council could do to keep up with the number of people living in one unit and also the parking situation. Mr. James Garner, 3120 Milton, was concerned that there was no enforcement on the property. He requested those concerned be notified of the ordinance and enforcement start now, not June 1, 2007. Matt Dixon, 3448 Rosedale, also addressed his concern regarding the situation. Councilmember Carter moved a letter be sent to builders and owners no later than January 15, 2006. Mayor Holmes seconded, and the vote was unanimous to approve the letters. CONSIDER ORDINANCE FOR NO PARKING ON WEST SIDE DICKENS, AMHERST NORTH TO STANFORD: 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 and that the no parking designation be in effect on “school days between the hours of 7 a.m. and 4 p.m.” Councilmember Walker moved that the east side of Dickens not be deleted and that the No Parking Zone on Dickens should apply to both sides. Councilmember Grable seconded, and the vote was unanimous to approve the amended ordinance. ORDINANCE NO. 06/38 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 ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ORDINANCE FOR TREE PRESERVATION: In May 2006, the 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. There were several things that were changed on the ordinance presented. Mayor Holmes moved approval with the following amendments to: Section 12.403, change the semicolon to a colon after Applicability. Place a period after Park in the third line of that paragraph and strike the rest of the wording in the third line, as well as, sections 1-3. Councilmember Carter seconded, and the vote was unanimous to adopt the tree ordinance as amended. ORDINANCE NO. 06/39 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. CONSIDER PROPOSAL FROM NATIONWIDE WATER RESOURCES FOR ENGINEERING SERVICES FOR DEVELOPMENT OF HYDRAULIC ANALYSIS OF TURTLE CREEK SOUTH OF CITY HALL: 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 12-15 months, causing us to use treated water in the interim, assuming the City’s Drought Contingency Plan allows us to do so. Councilmember Carter moved approval of the proposal. Councilmember Grable seconded, and the vote was unanimous to approve the proposal from Nationwide Water Resources in the amount of $14,200 for engineering services. CONSIDER PROPOSAL FROM R.L. GOODSON FOR ENGINEERING SERVICES FOR THE DEVELOPMENT OF A HYDRAULIC ANALYSIS OF TURTLE CREEK SOUTH OF CITY HALL: The construction of the box culvert under the City Hall expansion helped lower the 100-year flood plain in the area north of University Boulevard, but improvements downstream are necessary to reduce it further. A hydraulic analysis of the stream must be developed to determine the type and size of structures that will be designed and constructed. R.L. Goodson will act as the lead consultant and Nationwide Water Resources will develop the technical modeling and report. The information will enable the city to proceed with a contract to design and construct the improvements that will alleviate flooding issues in the future. Mayor Pro Tempore Shawver moved approval of the proposal in the amount of $18,200, subject to deleting the "limit of liability" clause. Councilmember Walker seconded, and the vote was unanimous to approve the proposal from R.L. Goodson. CONSIDER AWARD OF BIDS FOR CITY HALL/PEEK DISPATCH TECHNOLOGY PACKAGES: To complete the City Hall remodel and Peek Dispatch Center projects, the technology package consists of three requests for proposals: voice and data cabling to provide phone and computer network wiring from the appropriate computer room to the work area outlets throughout the building; audio/visual systems to provide video and sound equipment to support multiple input sources in six conference rooms and the council chambers at City Hall and the Cable TV distribution system throughout the building; security systems to provide security cameras, door access control devices, intercoms, and duress buttons in appropriate locations throughout City Hall and 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. Councilmember Walker moved approval of the bids. Councilmember Carter seconded, and the vote was unanimous to approve the bids for City Hall/Peek Dispatch technology packages. CONSIDER AMENDMENT TO INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICER: 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 program will also work to establish a good rapport between the police and students, parents, staff, faculty, administration and other adults. The focus will be 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: 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.”; The Town of Highland Park requests that the statement sent to them by the City Of University Park be “itemized.”, and “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.” Councilmember Carter moved approval of the amendment. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to approve the amendment to the Interlocal Agreement with The Town of Highland Park for the School Resource Officer. CONSIDER RESOLUTION AUTHORIZING CITY MANAGER TO APPROVE RESIDENTIAL LICENSE AGREEMENTS: 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, such as 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. The existing requirements will not change, and the license agreements will still need to be filed by the property owners with Dallas County. Mayor Pro Tempore Shawver moved approval of the resolution. Councilmember Walker seconded, and the vote was unanimous to approve the resolution authorizing the city manager to approve residential license agreements. RESOLUTION NO. 06-24 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. CONSIDER PROPOSAL FROM DFW COMMUNICATIONS FOR RADIO SYSTEM EQUIPMENT: This item was pulled from the agenda until staff can meet with communications regarding charges. ITEMS FROM THE FLOOR Kitty Holleman, 3939 Marquette, spoke regarding the larger homes being built in the city. She feels the height of homes should be no more than 30’, front entrance driveways should be required, there is too much debris on the streets, there are too many cars and trucks parked on the streets due to construction and that public safety is at risk. Matt Dixon, 3448 Rosedale, thanked the council for allowing the inset parking on Hursey to stay in place and for all their concerns on Hursey. There being no further business, Mayor Holmes adjourned the meeting. ndday PASSED AND APPROVED this 2 of January 2007. James H. Holmes, III, Mayor ATTEST: Nina Wilson, City Secretary AGENDA MEMO (01/02/07 AGENDA) DATE: December 27, 2006 TO: Honorable Mayor and Members of the City Council FROM: Jim Criswell, Director of Information Services SUBJECT: Proposal for Public Safety Dispatch Consoles – Peek and City Hall BACKGROUND: One of the key components of any Public Safety Dispatch Center is the Dispatch Console. All of the electronics that allow the dispatcher to control the radio system, telephones, 911, 311, alarm processing, Police and Fire personnel and equipment dispatching, the mobile data environment, and the Code Red system terminate on each console. Therefore, a technically sophisticated and ergonomically designed 24-7 piece of furniture is required. The City’s Communication Supervisor has worked with the Information Services Director and the Evans Response Console design team to create a console design that will support the current needs of the City, and also allow for growth as technology changes in the future. Each console will support up to eight monitors, but at this time the City will need five to six of those positions. RECOMMENDATION: The City has received quotes from Command and Control Environments, Inc. to provide project design, shop drawings, delivery, and installation for 5 dispatch consoles, each supporting 8 positions. Two of the consoles will be for the Peek Dispatch Center, and three will be for the City Hall Dispatch Center. Command and Control Environments is a TXMAS vendor approved under contract number TXMAS-5-7110180, which satisfies the bidding requirement. Evans Response Consoles – Peek Dispatch Center (2) - $29,813.54 Evans Response Consoles – City Hall Dispatch Center (3) - $42,779.81 The funds are budgeted as part of the City Hall furniture plan. Staff recommends approval of the quotes. AGENDA MEMO 01/02/07 December 26, 2006 TO: Honorable Mayor and City Council Members FROM: David Ledbetter, Fire Chief RE: Purchase of Radio Communications Equipment During reconstruction and renovation of the City Hall, the City’s communication center must be moved. This will terminate all communication functions in City Hall for several months. During the interim construction, the communication center will be relocated to the Peek Service Center. Due to the age of the communication equipment and to prevent a complete loss of communication to the Police, Fire and City Government radio frequencies, new equipment and reconfiguration of the communication system must be accomplished prior to dismantling of the City Hall communication system. This includes placing the microwave radio system into a continuous loop to prevent the loss of communications and to ensure connectivity to the new City Hall communications center once reconstruction has been completed. Currently, the microwave system is not in a continuous loop; instead it operates in a point-to-point mode. In this mode, if City Hall is removed from the system during construction, the communication system becomes inoperable A complete duplication of the system must occur so that none of the operational functions are lost. DFW Communications, the regional service group for Motorola, has been tasked with engineering, reconfiguring, pricing, installing and testing the communications equipment necessary to keep the City fully operational. DFW Communications has performed preventive maintenance on the City’s communications equipment since 2001 and is very familiar with our equipment and the necessity to remain functional. The Peek Service Center site will remain functional after the City Hall reconstruction to ensure redundancy for dispatch sites and will be co-located with the Emergency Operation 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO Communication Equipment.doc 8:28 AM 12/28/06 Center (EOC) once the Police Department returns to City Hall in 2008. Communication Operators will periodically switch sites to ensure operability at both locations. The total cost of the radio equipment project is $633,806.86, which includes $447,780.59 for the Peek Service Center communications equipment and $186,026.27 for City Hall equipment. Included in the price for Peek Service Center equipment is a paging and speaker system installed in the Fire Department, since the Fire Department will be operational before and during the reconstruction of City Hall. It is important to note that this cost does not include equipment or associated costs for the 9-1-1 system or Direct Alarm Monitoring. Cost details for the two sites are displayed below and include all associated hardware, software, antennas and labor: Peek Service Center Communications Center QuantityDescriptionPrice 2 ea. MCC 5500 Console System and CES Server 86,029.50 12 ea. Sound/Speaker System for Fire Department 6,051.17 2 ea. Radio consolettes for FD Sound/Speaker system 10,903.82 2 ea. Radio consolettes for redundant backup 12,524.72 1 ea. Antenna Systems and Hardware 28,882.82 1 ea. Rack Hardware system 2,802.65 1 ea. Engineering, Installation and Optimization 48,412.46 1 ea. Microwave equipment, provisioning, tower crew, 215,951.67 path survey and frequency coordination 2 ea. Radio Interoperability consolette radios 14,247.16 1 ea. Backup NPSPAC Quantar Repeater 18,548.57 1 ea. HGAC Fee 3,426.05 Sub-total $447,780.59 City Hall Communications Center QuantityDescriptionPrice 3 ea. MCC 5500 Console System and CES Server 118,364.54 3 ea. Radio consolettes for redundant backup 20,302.68 1 ea. Tower Crew 11,071.43 1 ea. Labor 25,846.15 1 ea. Grounding 7,692.31 1 ea. HGAC Fee 2,749.16 Sub-total $186,026.27 Total $633,806.86 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO Communication Equipment.doc 8:28 AM 12/28/06 RECOMMENDATION: Staff recommends approval of the purchase. Currently the City has $441,000 set aside in the Capital Projects Fund for City Hall-related radio purchases: $253,000 in Project 32550 (City Hall Dispatch Center Equipment) and an $188,000 allowance in Project 43700 (City Hall Renovation). Compared to the purchase price of $634,000, this leaves a funding need of $193,000. While the Capital Projects Fund has adequate resources to cover this need in the short term, ultimately additional funding sources must be identified. The three most apparent sources are: ? City Hall project owner’s contingency, $420,048 ? Alternate dispatch center/EOC project construction contingency, $86,255 ? Offsetting reduction in budgeted FY2007 capital projects, $193,000 Staff believes the offsetting reduction in the budget of one or more FY2007 capital projects is the most appropriate method right now. Staff will discuss this matter with the Capital Projects Review Committee at its January 15, 2007, meeting. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO Communication Equipment.doc 8:28 AM 12/28/06 AGENDA MEMO (01/02/07 AGENDA) DATE: December 28, 2006 TO: Honorable Mayor and City Council FROM: Jacob Speer, Assistant Director of Public Works SUBJECT: Consider – Purchase of New Sewer Cleaner/Flusher Truck ITEM: The City owns a large sewer cleaning truck that is used to maintain and clean sewer mains throughout the system. The current truck’s size prevents in from fitting in most alleys where the majority of our mains are located. Consequently, the current truck is not widely utilized. Despite its low usage, the City should keep a vehicle in its fleet capable of effectively maintaining our largest and deepest sewer mains. Recent improvements in the field of sewer cleaning equipment have led to the creation of a product with the performance capabilities needed to maintain our whole system in a smaller form design capable of accessing most of our alleys. This new truck will see increased usage from the improved access and it is less expensive than larger trucks like we have currently. The current unit was purchased 11 years ago for $170,118. It had an estimated life of 10 years and $195,000 was budgeted for its replacement. The new unit is available for purchase via the Buy Board at a total price of $184,800.00. Buy Board purchases meet all competitive bidding requirements. RECOMMENDATION: Staff recommends approval of the purchase of a new sewer cleaner via the Buy Board at a total cost of $184,800. ATTACHMENTS: ? Buy Board quotes for the chassis and body of a new International / Vactor sewer cleaner 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Combo Truck Purchase 01-02-07.doc 2:42 PM 12/28/06 North Texas Branch 763 109th Street BuyBoard Arlington, Texas 76011 (817) 649-5900 Office Quotation (817) 633-7239 Fax www.kinlochequip.com (800) 536-5902 Toll Free Quoted To/Bill To:Ship To: City of University Park Customer:Customer: 3800 University Blvd Address:Address: Dallas City:City: Texas 75205 State, Zip:State, Zip: Jim Gau Attn:Attn: 214-987-5475 Phone:Phone: 214-987-5479 Fax:Fax: Date:Customer ID:Customer PO#:Delivered to Cust. By: 12-05-06 Qty.Item# DescriptionCostUnit Price Extension Vactor 2103 PD Combination Sewer Cleaner Body 1B016$ 89,888.00 Options total$ 31,862.00 Debris body flush-out system 4" butterfly valve - rear door Debris body decant system to front bumper Rear door splash shield Debris and water tanks combined Low water light at hose reel 2" Y strainer at water inlet Multi-flow, accumulator 12 gpm cold weather recirculator Lubrication manifold Retractable handgun hose reel w/ 50' hose Rodder pump drain valves Joystick boom control LED Arrowboard, hand-light w/ bumper plug Front and rear mounted strobes w/ 1 limb guard Operator station and boom lighting Load limit alarm, front and rear tow hooks Extra Vactor manual (2) 36"x18"x18" locking toolboxes (2) 6" x 6'6" aluminum suction tube and (3) add'l clamps Offset manhole roller Safety cone storage rack, water cooler storage rack B/W back-up safety camera Salesman:Notes:Manager Approval: $121,750.00 Subtotal: Terry Malloy BuyBoard Fee paid by vendor Reference BuyBoard Contract 207-04 $121,750.00 Total: Chassis Quoted Separately TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE BUYBOARD End User Agency: CITY OF UNIVERSITY PARKDate Prepared by Contractor: 12/5/200 6 JIM GAUMasters International Trucks Inc. Product Description: 2008 International 4300 SBA 4x33,000 LBGVW 2R REQUESTEDRATE35,000 LBGVW R A: Bid Number: #208-0Item:Base Chassis Bid56,697.00$ 4 B: Options AiConditioner673.00$ XLE AND TRANS SYNTHETICS315.00$ rA Buy Board Fee400.00$ 23,000 LB REAR AXLE & 31,500LB$ 826.00 radio AM/FM with weather ban$ REAR SUSPENSION275.00 d exhaust, horizontal,vertical pipe228.00$ MAXFORCE 7 DT466 245 H.P.945.00$ body builder wiring, remote throttle345.00$ engine shut down system182.00$ Steel Surcharge 1,000.00$ installs for vactor body865.00$ 3,103.00$ Subtotal Column 2:$2,951.00 $- Total OptionsWITH BODY$ 6,054.00 TOTAL CHASSIS OPTIONS$ 62,751.00 TOTAL BODY OPTIONS D: Qty.1 E: Total$ 62,751.00 COMMENTS: THIS IS A 2007 YEAR TRUCK BUILD WITH NEW EMISSIONS, ESTIMATED BUILD LATE FEBRUARY TO MID MARCH, DEPENDING ON TIME OF ORDER. Rick Bierman SOUTHWEST INTERNATIONAL TRUCKS INC. ARLINGTON FORMERLY MASTERS 2401 E. PIONEER PKWY. ARLINGTON, TX. 76010 817-461-2931 OFFICE # 817-861-7084 FAX # 817-905-2326 MY MOBILE # rick.bierman@swit-tx.com e-mail address Rick Bierman Masters International Trucks 12/28/200611:47 AM 817-461-2931 PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES November 13,2006 The Planning and Zoning Commission of the City of University Park met on Monday, November 13, 2006 at 5:00 P.M. in the City Hall Council Chambers, 3800 University Blvd., University Park, Texas. The following are minutes of that meeting. Commission Members Attending Staff Members Attending Robert H. West - Chairman Bill Foose Ed Freeman Reed Shawver, III Jerry Jordan Harry Persaud - Community Dev. Mgr Rob Dillard - City Attorney Lorna Balser- Planning Assistant Present and Seated Bea Humann Ed Freeman Absent and Excused Doug Roach Randy Biddle Mr. West opened the public hearing and then read the specifics of the first case. 1. PZ 06-016: Hold a public hearing and consider a request by Bank of America, representing the property owners of Preston Center Plaza, to amend the Comprehensive Zoning Ordinance so as to change the building setbacks in the Shopping Center "SC" Zoning District classification to the same building setbacks as provided for in the General Retail "GR" Zoning District classification. This item was tabled from the Oct. 9,2006 meeting. Mr. James Harris of the Law firm of Thompson and Knight, representing Preston Center Plaza owners came forward to address the building intentions for Cafe R&D to be located in Preston Center Plaza. He stated that since the last meeting, the surrounding neighbors of the shopping center are less opposing to the closer distance of the restaurant to their homes. They are requesting a 5' setback from the right of way line and a building height of 18' ,for a distance of 23' from the property line. This will provide a less obtrusive frontage which increases slightly as you move back from the street. Mr. Harris stated that because of moving the building closer to the street front, they would be able to create 26 new spaces in the back of the restaurant. The new parking spaces will create more traffic flow through the entrance off of the Tom Thumb alleyway and into the main Preston Center Plaza parking lot. Mr. Jordan asked Mr. Harris about the alleyway behind Tom Thumb and whether it is a private or public alleyway and its impact on traffic flows if there are grocery store deliveries. Mr. Harris felt that most deliveries would be made in the morning hours and would not impact the traffic flow during lunchtime and evenings. Mr. Harris addressed the parking across the street saying that the development firm has already completed the re-striping of the parking lot. Mr. Foose asked Mr. Harris to address Mr. Mayberry's issues from the previous meeting. Mr. Mayberry is the facilitator for the subjected neighborhood residents. One issue to be addressed was the water issue which Harry Persaud, Community Development Mgr. addressed saying that the approval of the water on the outside of the front of the building would be subject to ROW approval by the Building dept. Mr. Harris then provided a layout of the dining area for the Planning & Zoning members to examine. Mr. West inquired ifthere were any additional questions from the board. With no replies, he then closed the public hearing. Mr. Jordan made the motion to deny the original request for the property setbacks but made a motion to approve the 5' setback from the ROW line and to limit the building height to 18' in the front for a distance of 23' to the property line. This approval is to be based on a site plan being completed which does not conflict with the requirements for this motion. Mr. Freeman second motioned to approve the item. The item was then approved unanimously 5- O. Mr. West asked for a motion on the minutes from the Oct. 9,2006 Planning & Zoning meeting. Mr. Freeman moved to approve the minutes. With a second from Mr. Jordan, the motion was approved unanimously 5-0. rJ?~1i. Jk:-1- Robert H. West, Chairman Planning & Zoning Commission Date ) 2/J~'/ 06 / I