HomeMy WebLinkAboutAgenda 04-17-07 City CouncilAGENDA
#2708
CITY OF UNIVERSITY PARK
COUNCIL CHAMBER
TUESDAY, APRIL 17, 2007
5:00 P.M.
3:30-4:00 PM REPORT ON CITY INVESTMENT POLICY AND PRACTICE
4:00-4:15 PM EXECUTIVE SESSION: CONSULTATION WITH CITY
ATTORNEY REGARDING DELIBERATION ON REAL
PROPERTY, SECTIONS 551.071 & 551.072, GOVERNMENT
CODE
4:15-5:00 PM WORK SESSION FOR AGENDA REVIEW
I.INVOCATION
– Mayor James H. Holmes, III
II.PLEDGE OF ALLEGIANCE
– Mayor James H. Holmes, III/Boy Scouts
III.INTRODUCTION OF COUNCIL –
Mayor James H. Holmes, III
IV.INTRODUCTION OF STAFF
– City Manager Bob Livingston
V.AWARDS AND RECOGNITION
PRESENTATION: Plaque to Police & D.A.R.E. Officer Robert Hardin upon his
departure from the City of University Park
VI.CONSENT AGENDA
A.CONSIDER: Parking Agreement with MC Townhomes I LP (Prescott Realty
Group) for Temporary Use of Shamburger Parking Lot - Corder
B.CONSIDER: Request from Christ the King School for Use of City Streets for
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10 Annual 5K Fun Run - Adams
C.CONSIDER: Master Plan for Germany Park South - Bradley
D.CONSIDER: Master Plan for Curtis Park Swimming Pool - Bradley
E.CONSIDER: Approval of City Council Meeting Minutes for April 3 & 10,
2007 - Wilson
VII. MAIN AGENDA
A.CONSIDER: Proposal from Prescott Realty to Trade Properties Adjacent to
Peek Service Center - Smallwood
B.DISCUSSION: Of Residential Concerns Regarding Traffic Along Lovers
Lane East of Hillcrest - Smallwood
C.CONSIDER: Ordinance Abandoning Certain Alley Rights-of-Way
Associated with Redevelopment of Preston Road Church of Christ Campus,
4000 Block University-McFarlin - Smallwood
D.CONSIDER: Request from Town of Highland Park to Locate Entry Portal
and Landscaping on North Texas Tollway Authority Right-of-Way in the
City of University Park - Smallwood
E.CONSIDER: Participation in the North Central Texas Council of
Governments Regional Stormwater Program - Corder
F.CONSIDER: Final Payment for Project 48500 to SYB Construction
Company for Utility and Paving Improvements for Turtle Creek Boulevard
and Baltimore Drive - Smallwood
G.CONSIDER: Final Payment for Extension of Project No. 48500 for Paving
Improvements for Turtle Creek Boulevard from Baltimore Drive to Vassar
Drive - Smallwood
H.CONSIDER: Addendum to Architectural Contract with Moran & Murphy
Architects Associated with Police/Dispatch Improvements at the Peek
Service Center - Smallwood
I.CONSIDER: Bid #07-02 for Purchase of Yard Waste Bags - Green
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J.CONSIDER: Changing Date of May 15 City Council Meeting to May 22,
2007 - Livingston
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 should be made when that item is addressed by the
City Council.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into Closed Executive Session for the purpose of seeking confidential legal advice
from the City Attorney on any agenda items listed herein.
AGENDA MEMO
(4/17/07 AGENDA)
DATE:
April 12, 2007
TO:
Honorable Mayor and Council
FROM:
Robbie Corder, Assistant to the Director of Public Works
SUBJECT:
Parking Agreement with MC Townhomes I LP (Prescott Realty Group)
ITEM:
Additional parking is needed to accommodate City and employee vehicles once the Police
Department moves from City Hall to the Peek Service Center. MC Townhomes (Prescott
Realty Group) has agreed to lease the City a portion of the vacant Shamburger lot just
north of the Peek Service Center for City employee parking.
The term of the agreement begins May 1, 2007 and ends July 1, 2008. However, the
agreement also contains a termination option that allows MC Townhomes I LP to
terminate the agreement prior to July 1, 2008 with thirty (30) days written notice. If the
agreement is terminated prior to July 1, 2008, the City will accommodate the additional
vehicles through use of the 4419 Worcola property.
RECOMMENDATION:
Staff recommends approval of the parking agreement.
ATTACHMENTS:
Parking Agreement
PARKING AGREEMENT
This Parking Agreement (the "Agreement") is executed and entered into this ____ day of
MC TOWNHOMES I LP
_____________, 2007, by and between ("Lessor"), with its address at 6060
CITY OF UNIVERSITY PARK
N. Central Exprwy., Suite 642, Dallas, Texas 75206, and ("Lessee"), with
its address at 3800 University Boulevard, Dallas, Texas 752056.
WHEREAS,
Lessee has requested that Lessor make available the surface parking lot spaces (the
"Spaces") in the gated area at 4436 Worcola Avenue, Dallas, Texas;
WHEREAS,
subject to and in accordance with the terms and conditions of this Agreement, Lessor is
willing to allow Lessee to use the Designated Parking Area for the period permitted hereby.
NOW, THEREFORE,
for and in consideration of the premises, the mutual covenants and
agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged and confessed by Lessor and Lessee, the parties hereto hereby agree as follows:
1. Term and Use.
Subject to and in accordance with the terms and conditions of this
Agreement, Lessor agrees to allow Lessee to use the Designated Parking Area, as hereinafter defined, for
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a period of _________________________ days commencing at _____ a.m./p.m. on _________________,
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2007, and ending at ______ a.m./p.m. on ___________________, 200__.
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2. Designated Parking Area.
As used herein, the term "Designated Parking Area" shall mean
the area as shown more particularly on Exhibit "A" attached hereto and made a part hereof for all purposes
together with the right of access, ingress and egress thereto. Tenant will be allowed to construct a
temporary fence sectioning off the area designated on Exhibit “A” and remove the section of fence
between the Peek Center and the designated parking area so long as Tenant reinstalls the removed section
of fence and returns the Designated Parking Area to Landlord in its original condition upon termination of
the Parking Agreement. Additionally, Landlord will have access rights to the back warehouse area within
the Designated Parking Area with proper notice (no notice if emergency repair and 24 hours notice if non
emergency).
3. Consideration.
In consideration of Lessor's allowing Lessee to use the Designated Parking
Area, Lessee shall pay to Lessor $1, which Tenant hereby agrees to pay to Lessor at 6060 N. Central, Suite 639,
Dallas, Texas 75206 in advance and without demand on the first day that this Agreement is in effect.
4. Indemnity;Insurance.
Lessee shall bear all risk and responsibility associated with or
arising out of the use of the Designated Parking Area and, except for Lessor's gross negligence or willful
wrongdoing, Lessee shall to the extent permitted by law, shall indemnify and hold Lessor harmless from all
suits, actions, damage, liability, and expense, including but not limited to, Lessor's reasonable attorneys'
fees, in connection with loss of life, bodily or personal injury or property damage associated with or arising
out of the use of the Designated Parking Area. Moreover, Lessor shall not be responsible for insuring any
of Lessee's personal property against theft and fire or other casualty loss and Lessee and shall bear all risk
of loss of all such personal property. Lessee's insurance shall be a comprehensive public liability and property
damage insurance policy with not less than $2,000,000 combined single limit for both bodily injury and
property damage. Such policy shall name Lessor as an additional insured and evidence of such insurance shall
be provided at the time this Agreement is executed.
5. Remedies.
In the event Lessee fails to comply with the express terms hereof, time being of
the essence in all of Lessee's covenants and obligations hereunder (including, without limitation, the
obligation to pay rent as provided herein), Lessee shall be automatically in default hereunder and Lessor shall
have all remedies available at law and/or equity, including, without limitation, the right to terminate this
Agreement.
6. Designated Parking Area Condition.
The Designated Parking Area shall be delivered to
Lessee on an "as-is, where-is, with all faults" basis.
7. Notices.
Any and all notices, demands or other communications required or desired to be
given hereunder by any party shall be delivered by in person to the addresses set forth above.
8. Subordination.
This Agreement and all rights of Lessee hereunder are subject and
subordinate to any deeds of trust, mortgages, or other instruments of security which now or subsequently
cover the Building or any interest of Lessor therein, and to any and all advances made on the security thereof, and
deeds of
to any all increases, renewals, modifications, consolidations, replacements and extensions of any such
trust, mortgages, or other instruments of security. This provision is hereby declared by Lessor and Lessee to
be self-operative and no further instrument shall be required to effect such subordination of this Agreement.
9. Maintenance.
Lessee agrees to maintain the Designated Parking Area in good repair and a
clean condition. If necessary,
Lessee will have the parking area cleaned of all debris and or trash accumulated
during said use prior to ________ a.m./p.m. on ______________, 200___.
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10. Multiple Counterparts.
This Agreement may be executed in one or more separate
counterparts, each of which when so executed, shall be deemed to be an original. All such counterparts shall,
together, constitute and be one and the same instrument.
11. Termination Option.
Lessor may terminate this Agreement without penalty by delivering
thirty (30) days written notice to the Lessee in person at the address provided herein.
12. Mechanic's or other Liens.
Lessee shall pay for all labor and materials used by it in, on or
about the Premises and will not permit or suffer any mechanic's or materialmen's lien of any nature, or any
other class of lien, to be affixed or remain upon the Premises by reason of any work done or materials
furnished to the Premises at Lessee's instance or request.
13. Conduct.
Lessee shall be responsible for enforcing its patrons' conduct and understands that
lewd conduct, sunbathing, loitering and any other improper acts shall be grounds for the immediate
termination of this Agreement by Lessor, without prior written notice.
15. Miscellaneous.
This Agreement (i)contains the entire agreement between the parties hereto with
respect to the subject matter hereof and supersedes any and all prior agreements, correspondence,
understandings, promises and representations made by either party to the other concerning the subject matter
hereof and the terms applicable hereto; (ii) may be amended only by written instrument executed by the
parties hereto; and (iii) shall be governed by and construed and enforced in accordance with the laws of the
State of Texas. Lessee certifies that it has not utilized the services of a broker in connection herewith and
indemnifies Lessor for any claim related to same.
Agreed and Accepted this ______ day of ___________________, 2006:
LESSEE:
CITY OF UNIVERSITY PARK
By:
Printed Name: James H. Holmes III
Title: Mayor
LESSOR:
MC TOWNHOMES I LP
By:
Printed Name:
Title:
AGENDA MEMO
(04/17/2007 AGENDA)
DATE: April 11, 2007
TO: Honorable Mayor and City Council
FROM: Gary W. Adams, Chief of Police
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SUBJECT: Christ the King School 10 Annual 5K Fun Run
Background/Analysis
Christ the King School located at 4100 Colgate has requested permission to use city streets
for the purpose of holding a 5K run to be held on Saturday, April 28, 2007. The purpose of
the run is to raise funds for their athletic association.
The run will begin at 9:00 a.m. and end at approximately 10:00 a.m. There will be an
estimated 200 runners.
Christ the King has requested to hire one off-duty officer to direct traffic at the corner of
Preston and Marquette.
Recommendation
Staff recommends approval of this event.
Attachments:
Letter from Dennis Stoutenburgh, volunteer for Christ the King School
Map of the proposed Fun Run
AGENDA MEMO
(4/17/2007 AGENDA)
DATE:
April 12, 2007
TO:
Honorable Mayor and Members of the City Council
FROM:
Gerry Bradley, Director of Parks
SUBJECT: Germany Park South – Master Plan
BACKGROUND:
Staff is currently working with architects and a neighborhood committee regarding the
design of a booster pump station on the south end of Germany Park. Staff has received
a proposal from Landscape Architect Michael Kilpatrick for a design services contract
for the remainder of the property. The design will include park features including tables,
benches, walkways, decorative fencing, trees and botanical plantings and a small
playground.
RECOMMENDATION:
Staff is requesting City Council’s consideration in approving a contract for park design
services to Landscape Architect Mike Kilpatrick for concept plans and construction
drawings for Germany Park south in the amount of $6,000.00. With City Council
approval, staff will begin working with the architect and bring the concept drawing back
to City Council for final approval.
ATTACHMENTS:
Contract Proposal
AGENDA MEMO
(4/17/2007 AGENDA)
DATE:
April 12, 2007
TO:
Honorable Mayor and Members of the City Council
FROM:
Gerry Bradley, Director of Parks
SUBJECT: Curtis Park Pool Master Plan
BACKGROUND:
During the 2006 pool season, the State Health Department modified existing
regulations regarding pool depth for diving boards. As a result, staff has removed the
three (3) meter diving board and plans to replace it with a one (1) meter diving board.
Neighboring communities such as Plano, Carrolton and Highland Park also removed
three (3) meter diving boards.
Although pool revenues have remained steady for the past few years, overall pool pass
sales have dropped. Staff has been investigating other amenities such as pool slides
and water play features in an effort to provide exciting attractions for children and
teenagers.
RECOMMENDATION:
Staff is requesting City Council’s consideration of approving a contract with C.T
Brannon Corporation for $6,000.00 to develop a Master Plan for the Curtis Park Pool.
The Master Plan will include concept drawings as well as potential costs for the
facilities upgrade. The Park Advisory Board supports the master plan proposal and has
recommed staff to seek City Council approval. Funding for the project has been
identified within the Parks Department’s operating budget.
ATTACHMENTS:
C.T. Brannon Corporation Master Plan Proposal
MINUTES
#2706
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, APRIL 3, 2007, 5:00 P.M.
A presentation was made to the city council by Prescott Realty regarding a land swap at the Peek
Service Center.
Mayor James H. Holmes, III then convened the city council into an executive session in the
conference room at 3:35 p.m. with the City Attorney regarding deliberations on real property
under Sections 551.071 & 551.072 of the Government Code. The executive session was closed
at 4:05 p.m. No action was voted on or taken during the meeting.
Mayor Holmes opened the regular city council meeting at 5:00 p.m. in the Council Chamber.
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.
Boy Scouts Adam Goldman, 3441 Amherst, and Richard Kumpf, 4300 Windsor, were in
attendance.
AWARDS AND RECOGNITION
PRESENTATION OF COOKBOOK FUNDS TO UNITED WAY: Assistant to the City
Manager Kate Smith presented a check for $478 from the sale of employee cookbooks to Adam
Morrison, Assistant Director of Resource Development for United Way.
PRESENTATION OF LEADERSHIP UNIVERSITY PARK CLASS V GIFT: Thomas Russell
and other members of the class presented a Howard Miller Pendulum Clock to the city council.
It will be hung in the Council Chamber.
Councilmember Walker moved approval of the Consent Agenda, and Councilmember Grable
seconded, and the vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER RENTAL REQUEST FROM COVENANT SCHOOL FOR WILLIAMS PARK: A
picnic event is scheduled for Thursday, May 17, 2007, 5:30-8:30 p.m. The school anticipates 550
participants.
CONSIDER ORDINANCE PROHIBITING PARKING ON NORTH SIDE MCFARLIN
BOULEVARD BETWEEN WILLIAMS PARKWAY AND PRESTON ROAD: Parking has
been prohibited along the north curb of McFarlin, Williams Parkway west to Preston Road, for
the past two years by temporary order of the chief of police because of construction of the box
culvert, which closed east/west traffic on University Boulevard for several months. This action
allowed emergency vehicles a relatively unencumbered route to Preston. Because of continued
construction at City Hall, the chief of police has renewed the 90-day order on numerous
occasions. Head-in parking along the south side of Highland Park Presbyterian Church will not
be impacted.
ORDINANCE NO. 07/04
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING
PARKING AT ANY TIME ON THE NORTH SIDE OF MC FARLIN BOULEVARD BETWEEN
WILLIAMS PARKWAY AND PRESTON ROAD; 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 PURCHASE OF CHEVROLET IMPALA AS POLICE WARRANT OFFICER
VEHICLE: The police department currently has one Ford Crown Victoria remaining in its fleet,
which is not scheduled for replacement until 2010. Because of concerns regarding rear-end
collisions and recent officer deaths attributed to the design of the Ford Crown Victoria, as well
as, gas tank ruptures and fires, the police department requests replacement of this vehicle earlier
than scheduled. The replacement will be a 2007 Chevrolet Impala for a total amount of $17,337.
CONSIDER PURCHASE OF FF&E PRODUCTS RELATED TO CITY HALL
RENOVATION, TEMPORARY POLICE DEARTMENT AND NEW DISPATCH FACILITY
AT PEEK SERVICE CENTER: The city has been working with Business Interiors for the
purchase of new furniture for the dispatch facility and temporary police department; Tandus
US/C&A Floorcoverings, Inc. for modular carpet for the city hall addition and new building;
Gear Grid for lockers in the Fire Department Bay. Business Interiors submitted a quote for
$16,050.50. Tandus submitted a quote for $107,407.55. Gear Grid submitted a quote for
$9,014. Furniture for Phase I includes furniture for the addition to city hall only: fire
department, finance department, breakroom, mailroom and storage rooms. Business Interiors
submitted a quote for $143,580.10. This amount includes receiving, delivery to the site and
product installation.
CONSIDER INTERLOCAL AGREEMENT BETWEEN CITY OF UNIVERSITY PARK AND
TOWN OF ADDISON FOR USE OF DETENTION AND JAIL FACILITIES: The police
department will be closing its temporary holding facility for approximately one year during the
remodeling phase of city hall. An interlocal agreement has been reached with the Town of
Addison Police Department to allow the use of their jail. It is recommended that the Town of
Addison be allowed to use the city’s holding facility, when and if needed, after it is open and
back in service.
CONSIDER INTERLOCAL AGREEMENT BETWEEN CITY OF UNIVERSITY PARK AND
TOWN OF HIGHLAND PARK FOR USE OF DETENTION FACILITIES: An interlocal
agreement has been reached with the Town of Highland Park for the use of their holding facility.
The cost will be set at a flat rate of $45.00 per arrested person for up to 72 hours. It is
recommended that the Town of Highland Park be allowed to use the city’s holding facility, when
and if needed, after it is open and back in service.
CONSIDER FINAL PAYMENT TO JESKE CONSTRUCTION COMPANY FOR TURTLE
CREEK BOX CULVERT FOR CITY HALL EXPANSION, PROJECT 43710: Final payment
will be in the amount of $94,317.84 for work performed and materials furnished.
CONSIDER RESOLUTION ENDORSING CITIES AGGREGATION POWER PROJECT
(CAPP) LEGISLATIVE AGENDA: As members of CAPP, cities pool their electric load and
solicit proposals for the best electric prices. The CAPP Board has developed and approved a
legislative agenda for 2007 to demonstrate to all legislators the serious need for legislative
change to fulfill the intent and promises of the original electric deregulation bill.
RESOLUTION NO. 07-06
A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, ENDORSING CERTAIN
LEGISLATIVE CHANGES TO ENHANCE THE COMPETITIVE ELECTRIC MARKET
SUPPORTED BY CITIES AGGREGATION POWER PROJECT, INC.
CONSIDER APPROVAL OF INTERLOCAL PARTICIPATION AGREEMENT AND
RESOLUTION WITH THE LOCAL GOVERNMENT PURCHASING COOPERATIVE
(BUYBOARD): BuyBoard is requiring all member agencies to countersign a revised agreement
in order to maintain membership. The original 1998 agreement has been revised to reflect
changes in the structure of the Cooperative; a provision has been added requiring prior notice of
amendments; the $200 annual membership fee has been eliminated.
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For March 6, 2007.
MAIN AGENDA
CONSIDER REQUEST FOR MULTI-WAY STOP SIGN AT INTERSECTION OF MILTON
AND DURHAM: A request was made from Trey Berry, 3033 Milton, to conduct a traffic survey
and analysis to determine whether conditions exist that would support the installation of stop
signs along Milton requiring east/west traffic to stop at the intersection. The report
recommendation was not to install the stop signs. Dannie Cummings, P.E., Traffic Engineer
with C&P Engineering, Ltd., made a presentation and answered questions from the council.
Speaking in favor of the stop signs were Matthew Middendorf, 3032 Milton and Max Fuqua,
7615 Lovers Lane. Councilmember Carter requested that a speed study be conducted and
enforcement be carried out if indicated. Mayor Holmes recused himself from the vote due to a
personal relationship with Mr. Middendorf. Councilmember Grable moved the request for stop
signs be denied. Councilmember Walker seconded, and the vote was 4-0 to deny the request for
stop signs at the intersection of Milton and Durham.
CONSIDER ORDINANCE ABANDONING PORTION OF ALLEY RIGHT-OF-WAY
ABUTTING PROPERTY OWNER AT 3116 ROSEDALE: The alley serving the north side of
the block has a bend in it near the middle of the block preventing a large sanitation truck from
emptying dumpsters. A planned development at 3116 Rosedale gives the city the opportunity to
exchange a currently unused portion of alley right-of-way for a section of the abutting property
that will allow for the reconfiguration of alley pavement to accommodate larger trucks.
Councilmember Carter moved approval of the ordinance. Councilmember Grable seconded, and
the vote was unanimous to approve the abandonment of a portion of alley right-of-way abutting
property owner at 3116 Rosedale.
ORDINANCE NO. 07/05
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING
A PORTION OF THE ALLEY EASEMENT AS MORE PARTICULARLY DESCRIBED AND
DEPICTED AS TRACT 2 IN EXHIBITIS “A” AND “B”, TO THE ABUTTING OWNER IN
CONSIDERATION OF THE DEDICATION OF AN ALLEY EASEMENT DESCRIBED AS
TRACT I; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS
ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS
COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
CONSIDER ORDINANCE PROHIBITING PARKING 7AM-5PM, SCHOOL DAYS, EAST
SIDE OF HIGH SCHOOL STREET, ASBURY SOUTH TO ALLEY: The ordinance allows
parking outside of normal school hours in a 50’ section and prohibits parking during school
hours in order to maintain safe traffic flow during high traffic times. Mayor Pro Tempore
Shawver moved approval of the ordinance. Councilmember Carter seconded, and the vote was
unanimous to prohibit parking from 7:00 a.m. to 5:00 p.m. on school days on the east side of
High School Street from Asbury south to the alley.
ORDINANCE NO. 07/06
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING
PARKING BETWEEN SEVEN A.M. AND FIVE P.M. ON SCHOOL DAYS ON THE EAST
SIDE OF HIGH SCHOOL FROM A POINT 80’ SOUTH OF ITS INTERSECTION WITH
ASBURY TO A POINT 130’ SOUTH OF ITS INTERSECTION WITH ASBURY;
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 EFFECTIVEDATE.
CONSIDER RESERVATION REQUEST FOR CURTIS PARK FROM WATERMARK
CHURCH: A church picnic will be held on Sunday, May 13, 2007 for approximately 1800
participants from 9:00 a.m. until 2:00 p.m. Mayor Holmes suggested a parking arrangement be
submitted. Mayor Holmes then moved approval of the request if a parking layout is submitted.
Councilmember Walker seconded, and the vote was unanimous to approve the request with the
addition of a parking layout.
CONSIDER ORDINANCE REGULATING RESIDENCY OF SEX OFFENDERS: Residents
are concerned about registered sex offenders living in close proximity of schools and other areas
where children congregate and requested an ordinance regulating the distance where a sex
offender may live in regard to schools, parks and playgrounds. Councilmember Walker moved
approval of the ordinance. Councilmember Grable seconded, and the vote was unanimous to
approve the ordinance regulating residency of sex offenders.
ORDINANCE NO. 07/07
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMENDING
CHAPTER 7 (“OFFENSES AND NUISANCES”) TO ADD A NEW ARTICLE 7.1100 TO BE
ENTITLED “REGISTERED SEX OFFENDERS,” TO PROHIBIT CERTAIN DESIGNATED
PERSONS FROM RESIDING WITHIN 2,000 FEET OF PREMISES WHERE CHILDREN
GATHER; PROVIDING THAT A CULPABLE MENTAL STATE IS NOT REQUIRED FOR
COMMITTING AN OFFENSE; PROVIDING FOR AFFIRMATIVE DEFENSES;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED
DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
CONSIDER ORDINANCE DETAILING TERMS OF BOUNDARY ADJUSTMENT
AGREEMENT WITH CITY OF DALLAS: The city has been communicating with the City of
Dallas regarding the common border between the two cities along Northwest Parkway from
Airline west to Hillcrest for the past two years. The current boundary line runs east/west just
north of the centerline of Northwest Parkway. After considerable discussion with TxDOT, the
city was instructed to construct the proposed screening wall no closer than 6’ to the south curb of
Northwest Highway. However, the final location of the wall was established using the
aforementioned 6’ dimension and the city’s ability to locate pier, supporting the wall, where they
are not in conflict with several AT&T conduits running parallel to the wall. Those
considerations set the proposed City Limit, coincidental with the north face of the wall, 8.69’
north of its current location. Mayor ProTempore Shawver moved approval of the ordinance.
Councilmember Carter seconded, and the vote was unanimous to approve the terms of the
boundary adjustment agreement with the City of Dallas.
ORDINANCE NO. 07/08
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING A
BOUNDARY ADJUSTMENT AGREEMENT WITH THE CITY OF DALLAS, TEXAS,
ATTACHED HERETO AS EXHIBIT “A” AND MADE A PART HEREOF FOR ALL
PURPOSES, INCLUDING THE RELEASE OF PROPERTY AND RELOCATION OF CITY
LIMIT LINE DESCRIBED THEREIN AND THE SERVICE PLAN ATTACHED THERETO;
AND PROVIDING AN EFFECTIVE DATE.
CONSIDER APPROVAL OF SCOPE OF SERVICES FOR DAN SEFKO AND ASSOCIATES
TO AMEND COMPREHENSIVE ZONING ORDINANCE, PREPARE SUBDIVISION
ORDINANCE AND RELATED SERVICES, AUTHORIZE CITY MANAGER TO SIGN
CONTRACT FOR SPECIFIED SERVICES: On October 5, 2006, the city council held a public
discussion on the subject of regulating the size of single family homes. On January 16, 2007, the
city council received a report and discussed specific issues affecting new construction in multi-
family districts. Developing minimum standards to improve the quality of development in the
multi-family districts and regulating the building envelope for single family construction requires
specific knowledge, expertise and time to work through the process with builders and residents.
Following direction from the city council, staff discussed a list of items with Dan Sefko and
Associates, and the Scope of Services was prepared. The timeframe on the work will be
approximately ten months. Councilmember Carter moved approval of the Scope of Services
with Dan Sefko and Associates. Councilmember Grable seconded, and the vote was unanimous
to approve amending the Comprehensive Zoning Ordinance, Subdivision Ordinance and related
services and to authorize the city manager to sign the contract for specified services. A
discussion was then held on the issue of the number of unrelated individuals living together and
Councilmember Carter amended his motion to pull that part of the contract out so that it can be
brought back to the council sooner. Councilmember Grable seconded the motion to amend, and
the vote was unanimous to amend the motion to bring the issue of the number of unrelated
individuals living together back to the council sooner than the other items in the contract.
CONSIDER APPROVAL OF BID AND AWARD OF CONTRACT TO REBCON, INC. FOR
NORTHWEST PARKWAY SCREENING WALL, PROJECT NO. 21800: The labor and
materials furnished is in the amount of $2,437,173.25. Councilmember Carter moved approval
of the bid and award of contract. Councilmember Walker seconded, and the vote was unanimous
to approve the bid and contract with Rebcon, Inc.
CONSIDER ORDINANCE REVISING CODE OF ORDINANCES SECTION 11.312: WASTE
OF WATER UNLAWFUL; IMPLEMENTATION OF WATER CONSERVATION
REQUIREMENTS: In August 2006, the city council approved an ordinance prohibiting the use
st
of automatic irrigation systems between the hours of 10:00 a.m. and 6:00 p.m. beginning June 1
th
and ending September 30 of each year. After reviewing similar restrictions in other cities, it
was decided to match the beginning and ending dates of the City of Dallas and the Town of
stst
Highland Park. Both entities begin on April 1 and end on October 31 of each year.
Councilmember Carter moved approval of the ordinance revising Section 11.312 of the Code of
Ordinances. Councilmember Grable seconded, and the vote was unanimous to revise Section
11.312: Waste of Water Unlawful; Implementation of Water Conservation Requirements of the
Code of Ordinances.
ORDINANCE NO. 07/09
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE
AMENDED, BY AMENDING SECTION 11.312 TO ADD SUBSECTION (e) TO PROHIBIT
THE IRRIGATION OF LAWNS AND LANDSCAPE MATERIALS FROM APRIL 1
THROUGH OCTOBER 31 OF EACH YEAR DURING CERTAIN HOURS; 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; AND PROVIDING
AN EFFECTIVE DATE.
CONSIDER ORDINANCE PROVIDING FOR STAGING OF DUMPSTERS ON PRIVATE
PROPERTY: The ordinance requires dumpsters to be removed and replaced (staged) on and
using private property. However, the Director of Public Works may, upon written application by
the builder, grant an exception for a period not to exceed thirty (30) minutes where the size,
topography or existing trees of a lot prevent staging thereon, and provided the builder agrees in
writing to be responsible for any damage caused to public property during such staging. Mayor
Holmes moved approval of the ordinance. Councilmember Grable seconded, and the vote was
unanimous to approve the ordinance for the staging of dumpsters on private property.
ORDINANCE NO. 07/10
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE
AMENDED, BY AMENDING SECTION 3.105 TO PROHIBIT PLACEMENT OF PRIVATE
TRASH DUMPSTERS IN PUBLIC RIGHT-OF-WAY; PROVIDING FOR THE GRANTING
OF EXCEPTIONS; 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 ORDINANCE ADOPTING AMENDMENTS FOR 2006 INTERNATIONAL
CODES AND 2005 NATIONAL ELECTRIC CODE: On January 1, 2006, the state adopted the
2003 International Building Codes which apply to all commercial buildings including alteration,
remodel, addition and repair; however, building and construction practices at the regional and
local levels may vary. The final list of amendments included in the ordinance is a result of
extensive reviews conducted by staff in the building and fire departments and includes
recommendations from the North Central Texas Council of Governments (NCTCOG).
Councilmember Grable moved approval of the ordinance. Councilmember Walker seconded,
and the vote was unanimous to approve adoption of the ordinance with amendments to the 2006
Edition of the International Building Code, the International Residential Code for one- and two-
family dwellings, the International Energy Conservation Code, the International Mechanical
Code, the International Plumbing Code, the International Fuel Gas Code, the International Fire
Code and the 2005 National Electric Code.
ORDINANCE NO. 07/11
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE COE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE
AMENDED, BY AMENDING CHAPTER 3, ARTICLE 3.100 TO ADOPT THE
INTERNATIONAL BUILDING CODE, 2006 EDITION, THE INTERNATIONAL
RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS, 2006 EDITION, AND
THE INTERNATIONAL ENERGY CONSERVATION CODE, 2006 EDITION; AMENDING
CHAPTER 3, ARTICLE 3.1000, TO ADOPT THE NATIONAL ELECTRIC CODE, 2005;
AMENDING CHAPTER 3, ARTICLE 3.1100, TO ADOPT THE INTERNATIONAL
MECHANICAL CODE, 2006 EDITION; AMENDING CHAPTER 3, ARTICLE 3.1200, TO
ADOPT THE INTERNATIONAL PLUMBING CODE, 2006 EDITION; ADDING ARTICLE
3.1250 ADOPTING THE INTERNATIONAL FUEL GAS CODE, 2006 EDITION;
AMENDING CHAPTER 5, ARTICLE 5.100, TO ADOPT THE INTERNATIONAL FIRE
CODE, 2006 EDITION, WITH AMENDMENTS; 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 APPOINTING ZONING BOARD OF ADJUSTMENT AS
BOARD OF APPEALS FOR 2006 INTERNATIONAL CODES AND 2005 NATIONAL
ELECTRIC CODE ADOPTED BY CITY: The resolution provides for an appeal process through
which an aggrieved party may appeal an order, decision, or determination of the Community
Development Manager. An aggrieved party may not appeal a code requirement per se. The intent
of the appeal process is not to waive or set aside a code requirement, but to provide a means of
reviewing a decision on the interpretation or application of the code, or to review the equivalency
of protection to the code requirements. The Zoning Board of Adjustment may require for its
public hearing the expertise, testimony, and opinion of a recognized qualified professional other
than the involved administrative official to assist it with regard to interpretations of such codes in
order to resolve an appeal before it. Councilmember Walker moved approval of the resolution.
Councilmember Grable seconded, and the vote was unanimous to approve the resolution
appointing a Zoning Board of Adjustment as a Board of Appeals for the 2006 International
Codes and the 2005 National Electric Code adopted by the city.
RESOLUTION NO. 07-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,
TEXAS, APPOINTING THE ZONING BOARD OF ADJUSTMENT TO ACT AS THE
BOARD OF APPEALS PROVIDED FOR BY THE INTERNATIONAL CODES AND THE
NATIONAL ELECTRIC CODES ADOPTED BY THE CITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
CONSIDER ORDINANCE AMENDING FY2007 BUDGET: The ordinance amends the
FY2007 General Fund revenue and expenditure budgets for a variety of special items: Wireless
E9-1-1 revenue ($145,000); Other revenue ($6,855) for grant money awarded to the city by the
Firemen’s Fund Heritage Rewards Grant Program; Other revenue ($1,000) for a donation from
the McGhee Foundation to the police department. Mayor Pro Tempore Shawver moved
approval of the ordinance. Councilmember Carter seconded, and the vote was unanimous to
approve amending the FY2007 Budget.
ORDINANCE NO. 07/12
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE 2006-2007 FISCAL YEAR BUDGET, ORDINANCE NO. 06-27, TO APPROPRIATE
$327,765 FROM THE GENERAL FUND UNRESERVED FUND BALANCE BY
INCREASING REVENUES $152,885 AND BY INCREASING EXPENDITURES $480,650;
AND PROVIDING AN EFFECTIVE DATE.
CONSIDER FURNITURE RENTAL FOR TEMPORARY POLICE DEPARTMENT
FACILITY AND RESOLUTION TO EXEMPT LEASE FROM COMPETITIVE BIDDING
STATUTE: The police department will be relocated to a temporary facility at the Peek Service
Center on May 5, 2007. The city will be renting pre-owned, temporary furniture from Business
Interiors for $2,705 per month with a one time fee of $2,276 for labor to install and remove it,
for a total amount of $34,735 for a twelve-month lease. Councilmember Walker moved approval
of the resolution. Councilmember Carter seconded, and the vote was unanimous to rent furniture
for the temporary police department facility and approve a resolution to exempt the lease from
the competitive bidding statute.
RESOLUTION NO. 07-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE
RENTAL OF FURNITURE FOR THE TEMPORARY USE OF THE POLICE
DEPARTMENT; MAKING FINDINGS EXEMPTING SUCH CONTRACT FROM THE
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE
DATE.
ITEMS FROM THE FLOOR
Mr. Jack Gosnell, 3530 Haynie, spoke in favor of the Chase Bank Building project and felt that it
would be a tribute to Snider Plaza.
th
PASSED AND APPROVED this 17 day of April 2007.
James H. Holmes, III, Mayor
ATTEST:
Nina Wilson, City Secretary
MINUTES
#2707
SPECIAL CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, APRIL 10, 2007, 3:00 P.M.
Mayor Holmes opened a special city council meeting at 3:00 p.m. in the Council
Chamber. 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.
Mayor Holmes stated the meeting was not a public hearing, but was called so that the city
council could have their questions answered about the proposed development.
Mayor Holmes introduced Mr. Albert D. Huddleston of Legacy Investments, Inc., and
invited Mr. Huddleston’s business associates to introduce themselves. Mayor Holmes
then opened the work session.
MAIN AGENDA
WORK SESSION TO DISCUSS CHASE BANK/LEGACY DEVELOPMENT
PROJECT: Previously, in 2001, the Planning and Zoning Commission (P&Z) denied a
request by Legacy Hillcrest Investments for 270,500 square feet of mixed uses on the
subject tract.
Another request for 290,000 square feet was considered on March 6, 2006. P&Z
requested the applicants consider amending the concept plan in view of the strong
comments made by residents opposed to the proposed development. The request was
amended to 260,000 square feet. P&Z denied that request on April 17, 2006.
The applicants then submitted a request for approval of an amended concept plan for
217,500 square feet which was considered by P&Z on July 17, 2006. P&Z voted 3-2 to
recommend approval ofaPlanned Development Concept Plan with a total of 135,000
square feet gross floor area, excluding the eight (8) units of townhomes, subject to the
following conditions: (1) Height of the proposed building on the O-2 site shall be limited
to the height of the existing building; (2) A maximum of 25,000 square feet for restaurant
/retail space; (3) Building height west of the common area shall not exceed 35 feet; (4)
Parking to be provided at the rate of 1:200 square feet for retail and restaurant, and 1:300
square feet for office space; (5) with 19 staff conditions.
City Council held a public hearing on September 19, 2006 and directed staff to hire a
traffic engineer to conduct an independent Traffic Impact Analysis of the proposed
development. Lee Engineering, LLC submitted the analysis.
At today’s Work Session, Community Development Manager Harry Persaud made a
presentation regarding the proposed zoning change for Legacy Hillcrest and what could
be constructed on the site under current zoning.
Mr. Huddleston presented his vision for the project stating the importance of the library
to the project and noting the importance of his belief that Snider Plaza was a people
place. He gave the history of the project and stated he would like to be given the
flexibility to create an excellent project.
Many issues were discussed: Councilmember Carter, along with Mayor Holmes and
Councilmember Grable, discussed concern regarding parking for patrons and employees;
Councilmember Grable was concerned with the size of the building and mentioned the
possibility of a free-standing library; Mayor Pro Tempore Shawver discussed maximum
building height; Mayor Holmes asked if Legacy Hillcrest would participate financially in
re-doing the intersection of Hillcrest to which Mr. Huddleston agreed; Councilmember
Grable inquired as to whether the building would have a mortgage and how that would
affect the library if the building were sold; Councilmember Walker asked if there were a
long-term plan for the building, and if the city would have the right of first refusal if the
building were sold; City Attorney Rob Dillard suggested architectural standards be
included in an ordinance; Councilmember Grable also discussed restaurants and retail,
and Councilmember Walker asked if 217,500 square feet was the amount required to
make the project work.
After several hours of discussion between the city council and Legacy Investments, Inc.,
the meeting was adjourned.
th
PASSED AND APPROVED this 17 day of April 2007.
James H. Holmes, III, Mayor
ATTEST:
Nina Wilson, City Secretary
AGENDA MEMO
(04-17-07 AGENDA)
DATE:
April 12, 2007
TO:
Bob Livingston
City Manager
FROM:
Gene R. Smallwood, P.E.
Director of Public Works
SUBJECT:
Consider proposal from Prescott Realty to trade properties
adjacent to the Peek Service Center.
Background.
Following months of presentations and discussions with
Prescott Realty, I am placing an item on the Council agenda for a decision to be
made regarding the developer’s proposal to trade the City-owned property at
4419 Worcola (4.09 acres) for part (2.34 acres) of the Shamburger Lumber tract
north of the existing Peek Service Center. The proposal also includes a three-
story parking and storage building on the Shamburger remnant. The question
the Council must decide is whether to accept the developer’s offer at no direct
expense to the City or to retain a significantly larger tract of land and spend $2.5
to $3 million on improvements.
Discussion.
Staff will take no action on this matter until Council makes a
decision and provides direction.
AGENDA MEMO
(04-17-07 AGENDA)
DATE:
April 12, 2007
TO:
Bob Livingston
City Manager
FROM:
Gene R. Smallwood, P.E.
Director of Public Works
SUBJECT:
Discussion of residential concerns regarding traffic along Lovers
Lane east of Hillcrest.
Background.
For the past six to nine months, City staff as well as the
Mayor and Council have received e-mails regarding concerns about the volume
and speed of traffic along that section of Lovers Lane east of Hillcrest. In
response to neighborhood concerns staff reviewed the situation with traffic
engineer Dannie Cummings, who recommended the following mitigation
measures:
?
Installation of electronic feedback signs (radar). Two such signs have
been installed, and a third has been ordered. Highland Park has had
good experience in reducing speeds along Mockingbird with similar
signs.
?
Volume and speed counts prior to and after installation of the
electronic feedback signs. Mr. Cummings arranged for an outside firm
to provide equipment to record the required data. He will have
volume/speed information at the Tuesday’s Council meeting.
?
Modification of traffic signal timings. For the Lovers Lane intersections
at Airline and at Boedeker, Mr. Cummings is developing off-peak
signal timings that will cause motorists exceeding 30 mph to stop.
Mr. Cummings will attend Tuesday’s Council meeting to discuss the concern
about speeding.
Discussion.
Staff would solicit Council direction on this matter prior to further
action.
AGENDA MEMO
(04-17-07 AGENDA)
DATE:
April 11, 2007
TO:
Bob Livingston
City Manager
FROM:
Gene R. Smallwood, P.E.
Director of Public Works
SUBJECT:
Consider Ordinance ___ abandoning certain alley rights-of-way (r-
o-w) associated with the redevelopment of the Preston Road
Church of Christ campus in the 4000 block of University-McFarlin.
Background.
During the presentation of the Planned Development (PD-
28), staff reported to Council that prior to the re-platting of the property, the
existing alley r-o-w must be abandoned. The approved site plan details the
access and utility easements which the Church is dedicating to the City in return
for the abandoned alley r-o-w. I have attached a copy of the legal description of
the proposed abandonment as well as a copy of the proposed amending plat
identifying the access/utility easements.
Discussion.
Staff recommends City Council approval of the proposed
abandonment.
ORDINANCE NO. _________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING
A PORTION OF THE ALLEY EASEMENT AS MORE PARTICULARLY DESCRIBED
AND DEPICTED IN EXHIBIT “A” TO THE ABUTTING OWNERS IN CONSIDERATION
OF THE DEDICATION BY AMENDING PLAT OF AN ACCESS AND WATER
EASEMENT DEPICTED IN EXHIBIT “B”; PROVIDING FOR THE FURNISHING OF A
CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL
PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF
THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City Council of the City of University Park, Texas, has determined that a
1,000 square foot portion of the alley easement described and depicted in Exhibit “A” (2 pages) is no
longer needed or necessary for public purposes by the City; and
WHEREAS
, the abutting property owner has agreed to dedicate an access and water
easement by amending plat as described in Exhibit “B” to the City in exchange for such abandonment;
Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1.
That for and in consideration of the dedication to the City of University Park by
amending plat of an access and water easement on the property depicted in Exhibit “B” attached hereto
and made part hereof for all purposes, the City of University Park hereby abandons and quitclaims in
favor of the abutting owner, the Preston Road Church of Christ, a Texas non profit corporation, the
alley easement over all that certain tract or parcel of land more particularly described and depicted in
Exhibit “A” (2 pages), consisting of 1,000 square feet, more or less, in the City of University Park,
Dallas County, Texas.
SECTION 2.
That the rights being abandoned in the property described and depicted in
Exhibit “A” consist of an alley easement as shown in said Exhibit.
SECTION 3.
That the City of University Park does not abandon any other interest other than
described and depicted in Exhibit “A”, but does hereby abandon all of its right, title, or interest in the
described alley easement, together with any and all improvements thereon.
SECTION 4
. That upon dedication of an access and water easement by amending plat as
referred to above in section 1, the City Secretary is directed to prepare a certified copy of this
ordinance and furnish the same to the Preston Road Church of Christ, and the recording of this
abandonment ordinance in the real property records of Dallas County, Texas, shall serve as a quitclaim
deed of the City of University Park of such right, title or interest of the City of University Park in and
to the portion of such alley easement described in Exhibit “A”.
SECTION 5
. This ordinance shall take effect immediately from and after its passage, 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 17 day of
April 2007.
APPROVED:
________________________________
JAMES H. HOLMES III, MAYOR
APPROVED AS TO FORM: ATTEST:
_________________________ _________________________________
CITY ATTORNEY NINA WILSON, CITY SECRETARY
(RLD/04-10-07)(15411)
AGENDA MEMO
(04-17-07 AGENDA)
DATE:
April 11, 2007
TO:
Bob Livingston
City Manager
FROM:
Gene R. Smallwood, P.E.
Director of Public Works
SUBJECT:
Consider request to locate entry portal and landscaping on NTTA
right-of-way in University Park.
Background.
Attached is a letter from the Town of Highland Park, in which
they request permission to locate a portal structure (monument sign, yet to be
designed) and landscaping on North Texas Tollway Authority right-of-way at the
northeast corner of Mockingbird and the northbound entrance ramp to the DNT.
As part of the Mockingbird project, the proposed structure would be, with
University Park approval, located within the corporate limits of UP, and would
mirror the structure they intend to construct at the southeast corner of the same
intersection.
Discussion.
Staff will inform HP of any action taken on their request by the City
Council.
AGENDA MEMO
(4/17/07 AGENDA)
DATE:
April 11, 2007
TO:
Honorable Mayor and Council
FROM:
Robbie Corder, Assistant to the Director of Public Works
SUBJECT:
NCTCOG Regional Stormwater Program
ITEM:
The North Central Texas Council of Governments (NCTCOG) has developed a regional
stormwater program designed to address stormwater quality issues affecting the region.
Participation in the program provides municipalities with resources for staff and developer
training, public education, and other technical resources to meet state and federal
regulations for stormwater runoff.
Participation in the program will cost the City of University Park $2,720. Resources from
the program will be used for the City’s permit application for a general stormwater permit
from the Texas Commission on Environmental Quality (TCEQ).
RECOMMENDATION:
Staff recommends approval of the letter.
ATTACHMENTS:
Authorization Letter
AUTHORIZATION LETTER
Regional Storm Water Management Program
of North Central Texas:
North Central Texas Council of Governments (NCTCOG)
FY2007 Administrative and Implementation Assistance
City of University Park
The NCTCOG and the (hereafter referred to as the "participant") have executed an
Interlocal Agreement to provide a structure through which the participants can pursue initiatives that assist
with the Regional Storm Water Management Program. The Interlocal Agreement established a structure by
which a Regional Storm Water Management Coordinating Council may identify specific activities to be carried
out by NCTCOG, and/or professional agencies, with cost allocations to be determined through Coordinating
Council consensus. The participants to this agreement have reviewed the NCTCOG proposed work plan for
FY2007, which includes NCTCOG assistance to the participants for administrative and implementation
support of storm water related activities and the cost-share arrangement for funding of this effort.
In accordance with Article 2, Paragraph 5, and Article 4 of the Interlocal Agreement, the purpose of this letter
$2,720.00
is to authorize the participant's cost-share of for the FY2007 Work Program.
Execution of this Authorization Letter is considered a formal part of the Interlocal Agreement, and obligates
the participant's cost share as identified above. Billing of the participant by NCTCOG for these services will be
made no more frequently than quarterly, and, if quarterly, will be based on the prorated share of deliverables
received by the participant. NCTCOG will invoice the participant for its costs incurred resulting from the
FY2007 work program, and the participant shall remit the amount of the invoice to NCTCOG within thirty (30)
calendar days of receipt of the invoice. In the event that the participant does not accept the goods or services
or finds an error in the invoice, the participant shall notify the NCTCOG Manager who is responsible for
executing this program as soon as possible within the 30 calendar day period, and shall make payment not
less than ten (10) calendar days after the problem(s) are corrected or the error is resolved to the satisfaction
of all parties. In the event that payment of invoiced goods or services is not received by the NCTCOG within
30 calendar days of receipt of the accepted invoice, NCTCOG is authorized to charge the participant interest
in accordance with the Prompt Payment Act.
Work under this program will be carried out from October 1, 2006 through September 30, 2007. It may
become necessary for work to continue beyond September 30, 2007 in order to complete the authorized
FY2007 work program. However, costs for the work program will not exceed the participant’s cost-share as
agreed to in this authorization letter.
The undersigned, duly authorized to make such obligations, represent the agreement of NCTCOG and the
City of University Park
to these provisions.
________________________________________ ________________________________________
(Signature) Mike Eastland, Executive Director
North Central Texas Council of Governments
________________________________________ ________________________________________
(Date) (Date)
AGENDA MEMO
(4/17/07 AGENDA)
DATE:
April 12, 2007
TO:
Bob Livingston
City Manager
FROM:
Bob Whaling, P.E.
City Engineer
SUBJECT:
Final Payment for Project 48500, Utility and Paving Improvements for
Turtle Creek Blvd and Baltimore Dr
Consent Agenda
CONSIDER APPROVAL OF FINAL PAYMENT TO SYB CONSTRUCTION COMPANY
in the amount of $33,395.97 for the labor and materials furnished for the utility and
paving improvements for Turtle Creek Blvd and Baltimore Dr, Project No. 48500. The
locations to be included in this project are listed below:
Turtle Creek Blvd from Lovers Lane to Vassar Rd
Baltimore Dr from Lovers Lane to Turtle Creek Blvd.
The budgeted account number is 42-42-4420, Project No. 48500-2300.
AGENDA MEMO
(4/17/07 AGENDA)
DATE:
April 12, 2007
TO:
Bob Livingston
City Manager
FROM:
Bob Whaling, P.E.
City Engineer
SUBJECT:
Final Payment for Project 48500, Utility and Paving Improvements for
Turtle Creek Blvd and Baltimore Dr
The City Council approved a contract in the amount of $1,396,602.00 on December 13,
2005, to SYB Construction Company to construct the Utility and Paving Improvements
for Turtle Creek Blvd and Baltimore Dr. The Engineering Department has accepted the
completed work. The actual work performed and the material furnished as provided by
the contract and change orders brought University Park’s project total to $1,669,798.72
(119.56% of the original contract). Staff recommends final payment for this project in
the amount of $33,395.97 be made to SYB Construction Company.
PROJECT COST HISTORY
City Council Approved Contract 12/13/2005 $1,396,602.00 100.00%
City Council Approved Change Order #1 05/09/2006 $338,729.50 124.25%
The total cumulative value of the contract was increased by $273,196.72 (19.56%) over
the original approved contract.
AGENDA MEMO
(4/17/07 AGENDA)
DATE:
April 12, 2007
TO:
Bob Livingston
City Manager
FROM:
Bob Whaling, P.E.
City Engineer
Final Payment for the Extension of Project No. 48500 (Paving
SUBJECT:
Improvements for Turtle Creek Boulevard from Baltimore Drive to Vassar
Drive)
Consent Agenda
CONSIDER APPROVAL OF FINAL PAYMENT TO SYB CONSTRUCTION COMPANY
in the amount of $6,020.32 for the labor and materials furnished for the paving
improvements for Turtle Creek Boulevard from Baltimore Drive to Vassar Drive, Project
No. 48500
.
The budgeted account number is 42-42-4420, Project No. 48500-2300.
AGENDA MEMO
(4/17/07 AGENDA)
DATE:
April 12, 2007
TO:
Bob Livingston
City Manager
FROM:
Bob Whaling, P.E.
City Engineer
SUBJECT:
Final Payment for the Extension of Project No. 48500 (Paving
Improvements for Turtle Creek Boulevard from Baltimore Drive to Vassar
Drive)
The City Council approved a contract in the amount of $343,533.50 on July 18, 2006, to
SYB Construction Company to construct the paving improvements for Turtle Creek
Boulevard from Baltimore Drive to Vassar Drive. The Engineering Department has
accepted the completed work. The actual work performed and the material furnished as
provided by the contract and change orders brought University Park’s project total to
$301,015.77 (87.62% of the original contract). Staff recommends final payment for this
project in the amount of $6,020.32 be made to SYB Construction Company.
PROJECT COST HISTORY
City Council Approved Contract 07/18/2006 $343,533.50 100.00%
The total cumulative value of the contract was decreased by $42,517.73 (12.38%)
under the original approved contract.
AGENDA MEMO
(04-17-07 AGENDA)
DATE:
April 12, 2007
TO:
Bob Livingston
City Manager
FROM:
Gene R. Smallwood, P.E.
Director of Public Works
SUBJECT:
Consider addendum to architectural contract with Moran & Murphy
associated with the Police/Dispatch improvements at the Peek
Center.
Background.
The Council approved a contract with Kevin Moran last year
to provide architectural services for the Police/Dispatch facilities that have been
constructed at the Peek Service Center. Two out-of-scope services were
required of Mr. Moran that assisted in expediting the work. Because the facility is
located in the City of Dallas, the plan review process is considerably slower than
what contractors experience in University Park – rather than a week or two,
Dallas suggested that it might take as long as six weeks to get a permit. Mr.
Moran, who has done considerable design work in Dallas advised us that there
is a more expeditious process, if we wanted to pay for it. I acknowledged that we
were amenable to that, and we received the permit within a week. The cost of
the process and the building permit was $6,440.89 (M&M paid those costs
directly on behalf of University Park. Other miscellaneous structural-electrical
engineering and reimbursable expenses amounted to $6,436.73 for a total
addendum of $12,877.62. If approved, this would amount to a total expenditure
to M&M of $53,298.62.
Discussion.
Staff recommends approval of addendum 3, in the amount of
$12,877.62, to the contract with Moran & Murphy Architects.
AGENDA MEMO
(4/17/07 AGENDA)
DATE:
April 12, 2007
TO:
Honorable Mayor and City Council
FROM:
Christine Green, Purchasing Agent
SUBJECT:
Bid #07-02, Yard Waste Bags
Bid #07-02 for the purchase of yard waste bags was opened March 29, 2007. This bid
was posted on RFP Depot: 251 vendors received fax or e-mail notice of the bid; 17
vendors viewed the bid; three vendors submitted bids.
Smurfit-Stone Container submitted the low bid of $0.264 per bag ($47,520.00 total for all
180,000 bags). The City of Plano has used Smurfit-Stone Container bags for their yard
waste program for several years, and their city staff has been satisfied with the quality.
Duro Bag has been the City of University Park’s yard waste bag supplier since 2000.
Though we’ve been happy with their bag quality and service, their bid this year was the
highest ($0.375 per bag) of the three bids received.
The cost of these bags is recovered through sale to consumers ($4.00 for a bundle of five
bags).
RECOMMENDATION:
Staff recommends accepting the bid of Smurfit-Stone Container in the amount of
$47,520.00. A bid tabulation with price history is attached.
SEALED BID #07-02, BROWN KRAFT (YARD WASTE) BAGS - TABULATIONOPENED 10:00 A.M., 3/29/07
1. DURO STANDARD2. AMPAC3. SMURFIT-STONE
PRODUCTS CO. INC.CONTAINER
DESCRIPTIONQTY.UNIT PRICETOTAL PRICEUNIT PRICETOTAL PRICEUNIT PRICETOTAL PRICE
Brown Kraft Bags180,000$ 0.375 $ 67,500.00 $ 0.314 $ 56,520.00 $ 0.264 $ 47,520.00
RFP DEPOT STATISTICS:
Notified: 251 vendors received e-mail or fax notice of the bid
Viewed: 17 vendors downloaded a copy of the bid
PRICE HISTORY:
Bid #05-11, Opened 4/21/05
Vendor: Duro Bag
Price: $0.32 per bag
Bid #03-15, Opened 10/24/03
Vendor: Duro Bag
Price: $0.26 per bag
Bid #02-09, Opened 3/4/02
Vendor: Duro Bag
Price: $0.255 per bag
Bid #00-18, Opened 8/7/00
Vendor: Duro Bag
Price: $0.255 per bag
Bid #98-20, Opened 7/16/98
Vendor: Arrow Industries
Price: $0.245 per bag
Bid #97-11, Opened 12/20/96
Vendor: Arrow Industries
Price: $0.24472 per bag
Bid #94-55, Opened 7/22/94
Vendor: International Paper
Price: $0.2045 per bag