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HomeMy WebLinkAboutAgenda 05-22-07 WebAGENDA #2710 CITY OF UNIVERSITY PARK COUNCIL CHAMBER TUESDAY, MAY 22, 2007 5:00 P.M. 3:00-4:00 PM DISCUSS CHASE BANK PROJECT 4:00-4:15 PM EXECUTIVE SESSION: CONSULTATION WITH CITY ATTORNEY REGARDING DELIBERATION ON REAL PROPERTY, SECTIONS 551.071 & 551.072, GOVERNMENT CODE 4:15-4:20 PM FIRST PUBLIC HEARING TO ANNEX STRIP OF LAND ALONG NORTHWEST PARKWAY 4:20-5:00 PM WORK SESSION FOR AGENDA REVIEW PUBLIC COMMENTS Questions and comments regarding Main Agenda items should be made when that item is addressed by the City Council. Please be advised that under the Texas Open Meetings Act, the council may not discuss or act at this meeting on a matter not listed on the Agenda. Other questions or private comments for the City Council or Staff should be directed to that individual immediately following the meeting. I.CALL TO ORDER INVOCATION– Councilmember Syd Carter PLEDGE OF ALLEGIANCE – Councilmember Syd Carter/Boy Scouts – INTRODUCTION OF COUNCILMayor James H. Holmes, III INTRODUCTION OF STAFF– City Manager Bob Livingston II. AWARDS AND RECOGNITION DEPARTMENT PINS: Utilities Supervisor Lalo Garcia, 25 years, Purchasing Agent Christine Green, 15 years and City Secretary Nina Wilson, 15 years for a total of 55 years of service to the City. RETIREMENT: Presentation of retirement plaque to City Secretary Nina Wilson. III.CONSENT AGENDA A.CONSIDER: Proposal from Alan Plummer & Associates (APAI) to provide engineering services for development of a water distribution analysis and water quality study for $81,105 B.CONSIDER: Proposal from R.L. Goodson to provide surveying services for mapping the city’s stormsewer outfalls for $50,000 plus reimbursables C.CONSIDER: Purchase of Newsracks at intersection of Preston & Normandy (YMCA) D.CONSIDER: Proposal for police/fire radio/telephone recording equipment and electronic tracking system for bank robberies E.CONSIDER: Interlocal Cooperation Agreement with the City of Grapevine for Cooperative Purchasing F.CONSIDER: Purchase of a sewer inspection van and associated equipment G.CONSIDER: Resolution to canvass returns and declaration of results of Special Election, May 12, 2007 H.CONSIDER: Approval of city council meeting minutes for May 1, 2007 IV.MAIN AGENDA A.CONSIDER: Acceptance of FY2006 Comprehensive Annual Financial Report B.PRESENTATION: Traffic Impact Analysis of the proposed Chase Bank Development C.SECOND PUBLIC HEARING: To annex strip of land along Northwest Parkway D.PUBLIC HEARING: To amend Comprehensive Zoning Ordinance by amending Section 26-100, Off-Street Parking Requirements other than in UC-1 and UC-2 Districts to require off-street parking spaces for multi-family residential dwelling units E.CONSIDER: Ordinance requiring off-street parking spaces for multi-family residential dwelling units other than in UC-1 and UC-2 Districts F.PUBLIC HEARING: To amend Comprehensive Zoning Ordinance by amending Section 22-101 (3) (a) providing for the maximum number of dwelling units in the multi-family zoning districts G.CONSIDER: Ordinance providing for maximum number of dwelling units in multi- family zoning districts H.PUBLIC HEARING: To amend site plan for Planned Development District PD-15 for the Highland Park Independent School District for property situated at 3503 Amherst and provide special conditions I.CONSIDER: Ordinance approving a site plan for a freestanding arbor on the north side of University Park Elementary School J.CONSIDER: Ordinance amending building requirements to require concrete paving between the rear property line and alley pavement K.CONSIDER: Bids for sidewalk replacement around four Highland Park Independent School District Campuses L.CONSIDER: Bids for Barbara Hitzelberger Park project V. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda should do so at this time. 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 (05-22-07 AGENDA) DATE: May 8, 2007 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider proposal from Alan Plummer & Associates (APAI) in the amount of $81,105 to provide engineering services associated with development of a water distribution analysis and water quality study. Background. The attached proposal from APAI provides the engineering services necessary to accomplish two tasks – development of a water distribution analysis, and performing a water quality study. The last water distribution system analysis was performed in 1992. Generally, the consultant is asked to develop a theoretical computer model of the system. Considerable field work is necessary to test pressures and calibrate the model. There have been considerable improvements made to the distribution system in the past fifteen years, leaving the old model unusable. The proposed water quality study will also develop a computer model of the distributions system which will identify areas (or pipes) that have very low flows or pressures and are subject to low chlorine residual levels. Recommendation. Staff recommends City Council approval of the APAI proposal in the amount of $81,105 to perform the water distribution system analysis and a water quality study. 905-0020-01 ALAN PLUMMER ASSOCIATES, INC. STANDARD AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Project No. 905-0020-01 This AGREEMENT is entered on the date of execution by and between ALAN PLUMMER ASSOCIATES, INC., a Texas corporation hereinafter referred to as ENGINEER and the following described entity, hereinafter referred to as "CLIENT." CLIENT INFORMATION Name: City of University Park Contact: Mr. Bob Whaling Billing Address: 3800 University Blvd. Title: City Engineer University Park, Texas 75205-1711 Telephone: 214-987-5401 CLIENT requests and authorizes ENGINEER to perform the following services: SCOPE: A. BASIC ENGINEERING SERVICES for Water Distribution System Hydraulic Modeling and Water Quality Screening of the University Park Potable Water System is provided in ATTACHMENT A, Sections A, B, and C, respectively. B. SPECIAL SERVICES related to the project that may be included with specific authorization by the CLIENT. A detailed Scope of Work for SPECIAL SERVICES is provided in ATTACHMENT A, Section D. COMPENSATION by the CLIENT to ENGINEER is to be on the basis of: A. BASIC SERVICES Compensation for Basic Services will be a total of $66,105.00 and will be billed on a “lump sum” basis. B. SPECIAL SERVICES Compensation for Special Services will be on a “time and materials” basis with a “not to exceed” limit of $15,000. Labor will be billed using ENGINEER’S standard hourly rates as included in Attachment B. A multiplier of 1.15 will be applied to all direct expenses. C. AUTHORIZED BUDGET The budget authorized through this AGREEMENT is as follows: BASIC SERVICES $66,105.00 SPECIAL SERVICES $15,000.00 Budgeted Total $81,105.00 OTHER TERMS: A. Deliverable Items. The deliverable items will be provided as listed in ATTACHMENT A. B. Schedule. ENGINEER is authorized to commence work on the project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: a. Completion of Hydraulic Model within five (5) months from execution of AGREEMENT. b. Completion of GENERAL SERVICES and submittals of Final Report within seven (7) months from execution of Agreement. Services covered by this AGREEMENT will be performed in accordance with the PROVISIONS attached to this form and any other attachments or schedules. This AGREEMENT supersedes all prior AGREEMENTS and understandings and may only be changed by written amendment executed by both parties. Approval for CLIENT Accepted for Alan Plummer Associates, Inc. 905-0101 By By Title City Manager Title Tim Noack, PE, Principal in Charge Date Date Agreed to in form: By ____________________________________ Title _City Attorney_________________________ Date ____________________________________ 905-0101 PROVISIONS 1. Authorization to Proceed termination date plus termination expenses, such as, Execution of this AGREEMENT by the CLIENT will be but not limited to, reassignment of personnel, authorization for ALAN PLUMMER AND subcontract termination costs, and related closeout ASSOCIATES, INC. ("ENGINEER") to proceed with costs. If no notice of termination is given, the work, unless otherwise provided for in this relationships and obligations created by this AGREEMENT. AGREEMENT, except Articles 8 through 15, will be terminated upon completion of all applicable 2. Salary Costs requirements of this AGREEMENT. ENGINEER'S Salary Costs, when the basis of compensation, are the amount of wages or salaries 7. Payment to ENGINEER paid ENGINEER's employees for work directly Monthly invoices will be issued by ENGINEER for all performed on CLIENT's Project plus a percentage work performed under this AGREEMENT. Invoices applied to all such wages or salaries to cover all are due and payable on receipt. Interest at the rate of payroll-related taxes, payments, premiums, and 1-1/2 percent per month, or that permitted by law if benefits. lesser, will be charged on all past-due amounts starting 30 days after date of invoice. Payments will 3. Per Diem Rates first be credited to interest and then to principal. ENGINEER's Per Diem Rates, when the basis of compensation, are those hourly or daily rates charged When compensation is on a lump-sum basis, monthly for work performed on CLIENT's Project by progress payments will be based on an estimated ENGINEER's employees of the indicated completion percentage, and monthly invoices will not classifications. These rates are subject to annual include a detailed listing of personnel time or calendar year adjustments and include all allowances expenses. for salary, overheads, and fee, but do not include allowances for Direct Expenses. In the event of a disputed or contested billing, only that portion so contested will be withheld from 4. Direct Expenses payment, and the undisputed portion will be paid. ENGINEER's Direct Expenses, when part of the basis The CLIENT will exercise reasonableness in of compensation, are those costs incurred on or contesting any bill or portion thereof. No interest will directly for the CLIENT's Project, including, but not accrue on any contested portion of the billing until limited to, necessary transportation costs, including mutually resolved. ENGINEER's current rates for ENGINEER's vehicles; meals and lodging; laboratory tests and analyses; 8. Independent Consultant computer services; word processing services, ENGINEER shall be at all times an independent telephone, printing, binding, and reproduction contractor and not an agent or representative of charges; all costs associated with outside consultants, University Park with regard to performance of this subconsultants, subcontractors, and other outside AGREEMENT. ENGINEER shall not represent that it services and facilities; and other similar costs. is, or hold itself out as, an agent or representative of Reimbursement for Direct Expenses will be on the University Park. In no event shall ENGINEER be basis of actual charges when furnished by authorized to enter into any AGREEMENT of commercial sources and on the basis of current rates undertaking for or on behalf of University Park. when furnished by ENGINEER. 9. ENGINEER's Personnel at the Project Site 5. Cost Opinions The presence or duties of the ENGINEER's personnel Any cost opinions or Project economic evaluations at the Project site, whether as on-site representatives provided by ENGINEER will be on a basis of or otherwise, do not make the ENGINEER or its experience and judgment; but, since it has no control personnel in any way responsible for those duties that over market conditions or bidding procedures, belong to CLIENT and/or to other contractors, ENGINEER cannot warrant that bids, ultimate subcontractors, or other entities, and do not relieve construction cost, or Project economics will not vary the other contractors, subcontractors, or other entities from these opinions. of their obligations, duties, and responsibilities, including, but not limited to, all methods, means, 6. Termination techniques, sequences, and procedures necessary This AGREEMENT may be terminated for for coordinating and completing all portions of the convenience on 30 days' written notice by either party work of those parties in accordance with their contract with or without cause. On termination, ENGINEER requirements and any health or safety precautions will be paid for all work performed up to the required by such work. The ENGINEER and its 905-0101 personnel have no authority to exercise any control AGREEMENT for any cause. over any contractor, subcontractor, or other entity or their employees in connection with their work or any 14. Interpretation health or safety precautions and have no duty for The limitations of liability and indemnities will apply inspecting, noting, observing, correcting, or reporting whether ENGINEER's liability arises under breach of on health or safety deficiencies of any contractor, contract or warranty; tort, including negligence; strict subcontractor, or other entity or any other persons at liability; statutory liability; or any other cause of action, the Project site except ENGINEER's own personnel. except for willful misconduct or gross negligence for limitations of liability and sole negligence for ENGINEER neither guarantees the performance of indemnification, and shall apply to ENGINEER's any contractors, subcontractors or other entities nor officers, affiliated corporation, employees and assumes responsibility for their failure to perform their subcontractors. The law of the state of Texas shall work in accordance with their contractual govern the validity of this AGREEMENT, its responsibilities. interpretation and performance, and any other claims related to it. 10. Subsurface Investigations In soils, foundation, groundwater, and other 15. No Third Party Beneficiaries subsurface investigations, the actual characteristics This AGREEMENT gives no rights or benefits to may vary significantly between successive test points anyone other than the CLIENT and ENGINEER and and sample intervals and at locations other than has no third party beneficiaries. The CLIENT will where observations, exploration, and investigations include a provision in each AGREEMENT which have been made. CLIENT enters into with any other entity or person that such entity or person shall have no third-party Because of the inherent uncertainties in subsurface beneficiary rights under this AGREEMENT. evaluations, changed or unanticipated underground conditions may occur that could affect the total ENGINEER's services are defined solely by this PROJECT cost and/or execution. Such changed AGREEMENT, and not by any other contract or conditions and cost/execution effects are not the AGREEMENT that may be associated with the responsibility of the ENGINEER. Project. 11. Litigation Assistance 16. Liability Unless specifically set forth in the Scope of Services, a. ENGINEER's services shall be governed by the Scope of Services does not include costs of the the negligence standard for professional ENGINEER for required or requested assistance to services, measured as of the time those support, prepare, document, bring, defend, or assist services are performed. in litigation or administrative proceedings taken or defended by the CLIENT. b. The CLIENT's review, approval, or acceptance of, or payment for, any of these All such services required or requested of the services shall not be construed to operate as ENGINEER by the CLIENT, except for suits or claims a waiver of any rights under this between the parties to this AGREEMENT, will be AGREEMENT or of any cause of action reimbursed as may be mutually agreed, and payment arising out of the performances of this for such services shall be in accordance with Section AGREEMENT, and the ENGINEER shall be 7, unless and until there is a finding by a court or and remain liable in accordance with arbitrator that ENGINEER's sole negligence caused applicable law for all damages to the CLIENT's damage. CLIENT caused by ENGINEER's omissions or negligent performance of any of the 12. Venue services furnished under this AGREEMENT. In the event that any legal proceeding is brought to enforce this AGREEMENT or any provision hereof, c. As used herein, ENGINEER includes the the same shall be brought in Dallas County, Texas corporation, subcontractors, and any of its or and shall be governed by the laws of the State of their officers, or employees. Texas. 13. Severability and Survival If any of the provisions contained in this AGREEMENT 17. Ownership are held illegal, invalid or unenforceable, the All documents, data, drawings, specifications, enforceability of the remaining provisions shall not be software applications and other products or materials impaired thereby. Limitations of liability and produced by the ENGINEER in connection with this indemnities shall survive termination of this AGREEMENT shall be the property of the City 905-0101 whether the project for which they are made is to be construed as limiting the extent of the executed or not. All such documents, products and ENGINEER's responsibility for payment of damages materials shall be forwarded to the City at its request resulting from operations under this Contract. and may be used by the City as it sees fit. The City agrees that if the documents, products and materials The coverage's provided by the General Liability and prepared by the ENGINEER are used for purposes the Automobile Liability are primary to any insurance other than those intended by the AGREEMENT, the maintained by the City. City does so at its sole risk and agrees to hold the ENGINEER harmless for such use. All services There shall be included in the general liability performed under this AGREEMENT will be conducted insurance contractual coverage sufficiently broad to solely for the benefit of the City and will not used for insure the provisions of that Section herein entitled any other purpose without written consent of the City. "Hold Harmless Clause." Any information relating to the services will not be released without the written permission of the City. In addition to ACORD Certificate, the ENGINEER The ENINGEER shall preserve the confidentiality of shall furnish University Park for its inspection, all City documents and data accessed for use in approval, and files such policies of insurance with all ENGINEER’s work product. required endorsements, or confirmed specimens thereof certified by the insurance company to be true 18. Hold Harmless Clause and correct copies. The ENGINEER agrees, to the fullest extent permitted by law, to indemnify, defend (with counsel 20. Assignment satisfactory to the City of University Park), and hold Neither Party will assign all or any part of this harmless (collectively, “Indemnify”) the City and its AGREEMENT without prior written consent to the officers, agents and employees, volunteers and other party. employees (individually, an “Indemnified Party”) from any and all claims, lawsuits, losses, costs (including attorney fees and costs), liabilities, and damages END arising from, related to or in connection with, in whole or in part, any of the following: (a) the ENGINEER’s or any of its employees’ or sub-consultants’ negligent acts, omissions, or intentional misconduct; (b) the ENGINEER’s breach of its obligations under this AGREEMENT; (c) the ENGINEER’s or any of its employees’ or sub consultants’ violation of any applicable law, rule, or regulation; and/or (d) any claim or lawsuit by a third party, ENIGNEER, sub- consultant, supplier, worker, or any other person, firm, or corporation furnishing or supplying work, Services, materials, or supplies in connection with the performance of this AGREEMENT who may be injured or damaged by the ENGINEER or any of its sub-consultant, or employees, when such claim arises from, is related to, or is in connection with the ENGINEER’s performance of this AGREEMENT. This article does not require the ENGINEER to Indemnify an Indemnified Party for such portion of any loss, cost, liability, or damage that arises solely from the negligence or intentional misconduct of the Indemnified Party. 19. Insurance ENGINEER shall procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons, or damages to property, which may arise from or in connection with the performance of the work hereunder by ENGINEER, its subcontracts, agents, representatives, or employees. Nothing contained in these insurance requirements is 905.002.01 City of University Park ATTACHMENT A SCOPE OF SERVICES Water Distribution System Hydraulic Modeling and Water Quality Screening The Basic Engineering Services rendered by ENGINEER are to be considered distinguishable from other services and divided into the following categories: A. Water Distribution System Hydraulic Modeling B. Water Quality Screening Evaluation C. General Services In addition to the Basic Services, other services related to the project that may be included by specific authorization are identified herein as “D-SPECIAL SERVICES”. These various services are herein more fully described as follows: A. Water Distribution System Hydraulic Modeling TASK 1 Data Gathering The following information will be provided to the ENGINEER by the CLIENT: 1. Information from the previous 1991 Water Distribution System Study prepared by others. 2. Electronic files containing water system pipes, valves, fire hydrants, etc. 3. Any available information related to pipe material and age within the system. 4. Electronic files containing all customer metered water usage for 2004-2006. Electronic files should include location (address) of each meter, and monthly metered usage at each location. 5. Operational protocols for the system, which may include pump on/off settings, pressure reducing valve settings, etc. 6. Pump curves for all pumps serving the CLIENT, including WTP pumps and new pumps to be installed at Germany Park Booster Pump Station. 7. Plans for piping at pump stations. 8. Run times for the pumps at the pump stations. 9. Water quality data for water system for last 5 years, including chlorine residual, TTHMs, HAAs, temperature, pH, alkalinity and other available data. 10. Data showing diurnal fluctuations in storage tank levels. 11. Records of low-pressure complaints. 12. Best available electronic elevation contours for the CLIENT. 13. Information concerning any projected growth and development within the CLIENT’s service area. This could include previous projections, land use zoning, and known plans for projects. 14. Detailed information for all storage tanks, to include inlet and outlet diameter, diameter of bowl, working level, presence of interior screening, baffling or other mixing techniques. 905.002.01 City of University Park 15. Emergency connections to outside water sources (location, sizes, minimum and maximum flow rates, delivery pressure) 16. Location of any special service zones, pressure reducing valves, service to major buildings or geographic areas within the city. TASK 2 Develop Hydraulic Model ENGINEER will generate a new, updated distribution model that accurately represents the existing distribution system and includes all pipes within the distribution system. The following sub-tasks are to be completed as part of this task: 2.1 Initial review of existing information and field testing . ENGINEER will review the information provided by the CLIENT and develop recommendations for sampling to obtain additional data necessary for model setup and calibration. The recommended sampling program will include suggested locations, timing, frequency and duration of pressure and flow measurements throughout the distribution system. 2.2 Develop new water system model . All known existing pipes will be added to the distribution system model. Electronic files showing distribution system pipe size and location will be provided by the CLIENT. Information provided by the CLIENT also will be used to incorporate pump stations, storage facilities, and control valves into the model. 2.3 Develop demand distribution . Metering records provided by the CLIENT will be used to determine demand distributions to each model node under maximum month conditions. Records of hourly pumped flow will then be used to define maximum day flow conditions, identify diurnal flow patterns, and determine additional system demands not captured by the metering records. TASK 3 Hydraulic Model Calibration The objective of this task is to calibrate the hydraulic model so that it provides reliable results for subsequent hydraulic evaluations. The following sub-tasks are to be completed as part of this task: 3.1 Incorporate operational rules into model . ENGINEER will incorporate system operational rules into the model, including pump trigger rules, minimum and maximum tank levels, etc. 3.2 Calibrate steady state model. Model output (flows and system pressures) will be compared to field-measured system data, as provided by Task 2.1. Model physical parameters will be adjusted to calibrate to the field pressure and flow measurements. 3.3 Perform extended period simulation (EPS) model calibration . Modeled flows, pressures and tank levels will be compared to measured data at hourly intervals for a 48-72 hour period under maximum day flow 905.002.01 City of University Park conditions. Adjustment of model physical parameters and/or refinements to the demand distribution will be used to calibrate for EPS conditions. TASK 4 Hydraulic Model Runs and Identification of Recommended Improvements The objective of this task is to use the calibrated hydraulic model to identify improvements required to meet demands and provide adequate pressures to the system under buildout conditions. The following sub-tasks are to be completed as part of this task: 4.1 Define improvement criteria . In conjunction with City staff, develop criteria for evaluation of improvements. These criteria may include measures such as maximum allowable velocities, maximum allowable head loss, minimum and maximum pressures, and fire flow criteria. 4.2Develop demand scenarios. Using information obtained from previous tasks, develop demand scenarios for average day, maximum day, peak hour, and minimum hour steady state conditions. Develop demand scenario for a maximum day EPS condition. 4.3 Perform model runs. Steady state model runs will be made for buildout conditions under maximum day, peak hour and minimum hour demand conditions. In addition, EPS model runs will be made under maximum day demand conditions in order to evaluate system performance under tank filling and draining conditions. 4.4 Evaluate improvements and provide improvement rationale . The distribution model will be used to evaluate recommended improvements for the buildout system. A description and rationale for each proposed improvement will be provided in tabular form. In addition, a system map will be provided that shows all distribution piping and facilities with recommended improvements. 4.5 Provide planning level opinions of probable cost for improvements . Planning level opinions of probable cost for each improvement, with separate costs for CLIENT. Excel spreadsheets with all cost information will be provided to the CLIENT upon completion of the project. 905.002.01 City of University Park B. Water Quality Screening Evaluation The purpose of this evaluation is to provide a preliminary screening-level assessment of system water quality, prior to implementation of a detailed water quality model calibration and simulation process. TASK 5 Screening-Level Water Quality Evaluation The objective of this task is to evaluate existing water quality data and perform a screening-level water age evaluation using the EPS-calibrated model to identify areas of the distribution system that may be susceptible to formation of disinfection byproducts (DBPs) and/or reduced chlorine residual levels. This evaluation will also be used to develop a sampling and calibration program for the subsequent, detailed water quality modeling evaluation. 5.1 Evaluate and summarize existing water quality data. Existing water quality data provided by the CLIENT (e.g. chlorine residual, TTHMs, HAAs, temperature, alkalinity, pH, etc.) will be evaluated and summarized. Evaluation will include analysis of spatial and temporal patterns associated with seasonal changes in incoming water quality and demands. 5.2 Evaluate system water age. Use the EPS-calibrated distribution system model to compute water age within the distribution system under maximum day flow conditions. Provide a color-coded map indicating ranges of water age throughout the system for each demand condition. Use system water age information to identify regions of the distribution system that may be most susceptible to DBP formation and/or reduced chlorine residual levels. C. General Services The following paragraphs outline the general tasks that are common to phases A and B. TASK 6 Project Meetings The objective of this task is to provide time throughout the project period for meetings with the CLIENT to review and discuss the progress of the study and to provide time for in-house project meetings at the office of the ENGINEER. Project meetings with the CLIENT will include a kickoff meeting and up to 4 additional progress meetings throughout the project. TASK 7 Report The objective of this task is to prepare draft and final reports describing the water distribution system and Phase 1 water quality study results, providing cost projections for improvements and recommending an implementation schedule. Recommendations for piping changes, storage capacity, pumping capacity and 905.002.01 City of University Park water quality improvements will be based on recognized industry standards and State and Federal regulations. Five copies of the draft report will be provided to the CLIENT for review. Upon completion, 5 copies of the final report will be provided to the CLIENT. In addition to the five printed copies of the final report, the report, figures, drawings and data will be provided to the CLIENT in electronic format. TASK 8 Quality Control This task will allow time for the review of the project study by the ENGINEER’s quality control team. Quality control reviews have been included in the Project schedule. This review will be performed by key members of the ENGINEER’s staff. It is anticipated that a client review will be performed at the same time the ENGINEER review is performed. TASK 9 Project Management The objective of this task is to perform administrative tasks associated with management of the project study. This task will be used for management tasks that are necessary for the project. They include but are not limited to: a. Routine phone calls or client contact, b. Billing and invoicing, c. Manpower scheduling and, d. Producing project update documents, including routine correspondence. D. SPECIAL SERVICES Special Services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as follows: Special services may include, but are not limited to: a. Additional meetings beyond the number of meetings listed in the scope of services, b. Additional modeling and analysis to include conditions that are not listed in the basic services, and c. Preliminary or detailed design of recommended improvements listed in the Final Report. ATTACHMENT B ALAN PLUMMER ASSOCIATES, INC. HOURLY FEE SCHEDULE 2007 Staff Staff Description 2007 Rate Code Admin StaffA1-A3 $ 62.00 Senior Admin Staff A4 $ 70.00 Designer/TechnicianC1-C2 $ 75.00 Senior Designer/TechnicianC3-C4 $ 95.00 Engineer-in-Training/Scientist-in-TrainingES0-ES3 $ 80.00 Project Engineer/ScientistES4 $ 95.00 Senior Project Engineer/ScientistES5 $ 110.00 Project ManagerES6 $ 130.00 Senior Project ManagerES7 $160.00 PrincipalES8-ES9 $200.00 Billing rates may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this agreement. A multiplier of 1.15 will be applied to all direct expenses AGENDA MEMO (05-22-07 AGENDA) DATE: May 9, 2007 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider proposal from R.L. Goodson in the amount of $50,000 (plus reimbursibles) to provide surveying services associated with mapping the City’s storm sewer outfalls. Background. The Stormwater Management Plan developed for University Park by HDR Engineering identified numerous tasks, or Best Management Practices (BMP’s), which are required by the Texas Commission on Environmental Quality (TCEQ). One of those BMP’s is to provide TCEQ an accurate, updated map of the City’s stormwater collection system, including specific locations of all outfalls. Staff has created updated mapping of water, sanitary sewer, and stormwater infrastructure as new facilities have been constructed, however, that represents only about twenty-percent of the systems. In order to comply with State stormwater requirements in a timely manner, staff solicited a proposal from R.L. Goodson to provide the necessary surveying services to provide data for the mapping function. The proposal is based on hourly rates with a maximum fee, because we cannot provide the consultant all of the definitive locations in order for them to determine the specific work effort involved. Funds from the City’s stormwater utility are available for this work, although we will be requesting Council authorization to expend those funds through a budget amendment. If the Council should approve this proposal, the approval should be contingent upon removal of a “limit of liability” clause identified in their General Conditions. Recommendation. Staff recommends City Council approval of the R.L. Goodson proposal in the amount of $50,000 (plus reimbursibles), subject to deleting the "limit of liability" clause. AGENDA MEMO (05/22/07 AGENDA) DATE: May 17, 2007 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Purchase of Newsracks – Preston & Normandy (YMCA) ITEM: Attached is a quote from Rak Systems, Inc. to deliver and install a modular newsrack at the intersection of Preston & Normandy in the amount of $6,631.88. Rak Systems, Inc. is the same vendor that supplied the modular newsracks currently in place on Snider Plaza. Staff elected to go with a direct quote from this vendor instead of a competitive bid to ensure that the same modular racks are used for the expansion at this intersection. The publications have already been notified about the installation of a newsrack at this location, and staff has determined that the modular newsrack needs to accommodate fourteen (14) publications. RECOMMENDATION: Staff recommends approval of the modular newsrack purchase from Rak Systems, Inc. ATTACHMENTS: City quote from Rak Systems, Inc. for modular newsracks in the amount of $6,631.88 Hillcrest & Asbury (looking east) AGENDA MEMO (05/22/07 AGENDA) DATE: May 16, 2007 TO: Honorable Mayor and Members of the City Council FROM: Jim Criswell, Director of Information Services SUBJECT: Proposal for Police/Fire Radio/Telephone Recording Equipment and Electronic Tracking System for Bank Robberies BACKGROUND: In conjunction with the creation of an alternate dispatch operation at the Peek Service Center, the City is required to install systems to record the Police/Fire radio and telephone traffic for playback and storage. Also, to duplicate an existing capability for Police Dispatch, an Electronic Tracking System (ETS) for bank robberies is required. Police/Fire Radio and Telephone Recording System The current dispatch operation is using a Dictaphone system that is capable of recording 16 channels, and the technology is being phased out by the vendor at the end of 2007. The proposed NICE Systems, Inc. 64 channel NiceLog recording system is new technology, and has been sized to support the increased number of channels and telephone lines required for radio inter-operability, 3-1-1, and Missing Child lines, as well as the existing Police/Fire administrative and 9-1-1 lines. As part of the Inter-Operability initiative, University Park has also been selected as a backup to Dallas County, and therefore, the number of radio channels to record has increased from 4 to 32. The new system also provides reporting capabilities that will assist with police and fire accreditation compliance. It is also important to note that in the event of a disaster, the ability to replay all transmissions would allow greater accuracy in the completion of state and federal forms required for funding and reimbursement. Electronic Tracking System (ETS) for bank robberies The ETS system is currently installed and functioning in the existing dispatch center. It is used after a bank robbery where the teller has placed a tracking device imbedded in the stolen bills. The system allows officers from all local jurisdictions to converge on the signal to aid in apprehending the robber. The system to be installed at the Peek Dispatch Police/Fire Recording System and Electronic Tracking System Page 2 Center is a requirement to have identical functionality for both of the University Park dispatch centers. RECOMMENDATION: Police/Fire Radio and Telephone Recording System The City has received a quote from NICE Systems, Inc. to provide the 64 channel NiceLog recording system for $72,385. The price includes hardware, software, installation, configuration, training, and the first year’s annual maintenance. NICE Systems, Inc. has a contract with the HGAC purchasing cooperative, which satisfies the state competitive bidding requirement. Staff recommends approval of the NICE Systems, Inc. quote. This system will be funded using the Cellular 911 fees collected each month from the state. Electronic Tracking System (ETS) for bank robberies The City has received a quote from Electronic Tracking Systems to provide the hardware and software to support the multi-jurisdictional bank robbery tracking system. The amount is $5,950, and this is a sole source provider of this service. Staff recommends approval of the Electronic Tracking Systems quote. Funds are available in the Capital Projects Fund – Project number 43740 – City Hall V: EOC/Alternate Dispatch Center. AGENDA MEMO (5/22/07 AGENDA) DATE: May 17, 2007 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: Interlocal Cooperation Agreement with the City of Grapevine for Cooperative Purchasing The City of Grapevine has prepared and signed the attached Interlocal Cooperation Agreement with the City of University Park to allow them to participate in our contract with Cutler Repaving for in-place recycling of asphalt pavement. This Interlocal Cooperation Agreement will also facilitate future cooperative purchasing between the two cities. RECOMMENDATION: Staff recommends approval of the Interlocal Agreement with the City of Grapevine. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Grapevine Interlocal Memo.doc 10:11 AM 05/17/07 STATE OF TEXAS ~ ~ ~ COUNTY OF DALLAS INTERLOCAL COOPERATION AGREEMENT This lnterlocal Cooperation Agreement ("Agreement") is by and between the City of University Park, Texas ("University Park"), and the City of Grapevine, Texas ("Grapevine"), acting by and through their authorized officers. RECITALS: WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271, Texas Local Government Code; and WHEREAS, Section 271.102 of the TEX. Loc. GOy'T CODE authorizes a local government to participate in a Cooperative Purchasing Program with another local government or a local cooperative organization; and WHEREAS, a local government that purchases goods and services pursuant to a Cooperative Purchasing Program with another local government satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and materials; and WHEREAS, each party has and will on an annual basis obtain competitive bids for the purchase of goods and services; and WHEREAS, the parties desire to enter into a cooperative purchasing program which will allow each party to purchase under goods and services under each other's competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEX. Loc. GOy'T CODE; NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE I PURPOSE The purpose of this Agreement is to establish a cooperative purchasing program between the parties, which will allow each party to purchase goods and services under each other's competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEX. Loc. GOy'T CODE. 63149 ARTICLE II TERM The term of this Agreement shall be for a period of one (1) year commencing on the last date of execution hereof ("August 1, 2007"). Thereafter this Agreement shall automatically renew for successive periods of one (1) year each under the terms and conditions stated herein, unless sooner terminated as provided herein. ARTICLE III TERMINATION Either party may terminate this Agreement by providing thirty (30) days prior written notice to the other party. ARTICLE IV PURCHASING The City Manager or designee for each of party is authorized to act on behalf of the respective party in all matters relating to this cooperative purchasing program. Each party shall make payments to the other party or directly to the vendor under the contract made pursuant to Subchapter F, Chapter 271 of the TEX. Lac. GOV'T CODE. Each party shall be responsible for the respective vendor's compliance with provisions relating to the quality of items and terms of delivery. ARTICLE V MISCELLANEOUS 5.1 Relationship of Parties: This Agreement is not intended to create, nor should it be construed as creating, a partnership, association, joint venture or trust. 5.2 Notice: Any notice required or permitted to be delivered hereunder shall be deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, or by hand-delivery or facsimile transmission addressed to the respective party at the address set forth below the signature of the party. 5.3 Amendment: This Agreement may be amended by the mutual written agreement of both parties hereto. 5.4 Severability: In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 5.5 Governin2: Law: The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. 63149 5.6 Entire A2reement: This Agreement represents the entire agreement among the parties with respect to the subject matter covered by this Agreement. There is no other collateral, oral or written agreement between the parties that in any manner relates to the subject matter ofthis Agreement. 5.7 Recitals: The recitals to this Agreement are incorporated herein. 5.8 Counterparts: This Agreement may be executed in any number of counterparts, each of whom shall be deemed an original and constitute one and the same instrument. EXECUTED this _ day of ,2007. CITY OF UNIVERSITY PARK, TEXAS By: T. ROBERT LIVINGSTON, CITY MANAGER 3800 University Park Blvd. University Park, Texas 75205 ATTEST: By: CITY SECRETARY EXECUTED this _ day of ,2007. ~>;~ GRAPEVINE, TEXAS BRUNO RUMBELOW, CITY MANAGER By: By: """,-- "'~O~~~ !),,;\! "'... .., ~1~ /"),, ..,,~\ /' ./ '\,w , " ! ~ ,""' l , '1 i gn' . .~, '\ '~I " I.. '/ ""I" .. H.... '\ ... ",'. '"",-~"."'t/" ............ 200 S. MAIN ST. Grapevine, Texas 76051 ATTEST: APPROVED BY COUNCIL 4/1'1/07 63149 AGENDA MEMO (05/22/07 AGENDA) DATE: May 15, 2007 TO: Honorable Mayor and City Council FROM: Jacob Speer, Assistant Director of Public Works SUBJECT: Purchase of Sewer Inspection Van and Associated Equipment ITEM: 12 years ago, the City purchased a sewer inspection system. The system consists of a small remote-controlled video camera transporter, a computer to store the video with inspection data, a VCR to record the footage, and associated monitors and accessories. All of this equipment is housed in a cargo van for mobility. The current system can inspect lines ranging in size from 6 to 18 inches in diameter. The current camera system and electronics are failing with increased frequency causing significant down time and work delays. In addition to replacing the existing equipment, there is now additional equipment available to increase the City’s sewer inspection capabilities. A second, larger transporter would allow for the inspection of our large trunk sewer mains. We cannot currently inspect these large mains with our equipment. This new transporter is also steerable, giving us the ability to navigate the storm sewer system. This will assist the City in meeting a new state and federal mandate to accurately map our storm water system within the next 5 years. The larger transporter utilizes the same camera as the small transporter. This would give us two interchangeable cameras to minimize down time. Additionally, the vendor offers a small “push camera” unit that can inspect lines as small as 2 inches in diameter. This system would be invaluable for settling disputes with residents regarding back-ups involving residential service lines. The new push camera system interfaces with the video inspection computer and recording equipment in the truck via wireless technology. This would allow us to inspect lines in locations that we cannot access with the truck. The additional equipment increases the space and payload requirements of the truck. Our current cargo van cannot handle all the equipment involved. Therefore, this upgrade will also require the replacement of our current van with a small box van type vehicle. Funding for this purchase will come from the equipment replacement fund and utility fund expenditures. RECOMMENDATION: Staff recommends approval of the purchase of a truck chassis and box from Henna Chevrolet in the amount of $26,285.00 and the purchase of video inspection equipment and customization of the vehicle interior from Cues, Inc. in the amount of $185,149.00. Both items would be purchased via the TML BuyBoard to fulfill all necessary requirements for competitive bidding. ATTACHMENTS: ? Price quote and worksheet from Renfro Equipment, the local authorized Cues dealer Pricing Worksheet City of University Park ComponentsQuantityPriceComments BaseBasic TV,Interior,Labor Gas Gen 1$68,169 Options for Box in lieu of roof mount Side Mount A/C1$800 Sliding Drawer Storage1$653 Storage Closet1$784 Bench Seat1$517 No Sink Washdown System1$2,570 Kemlite Covering in Equipment Room1$1,254 Lonseal Lonplate in Equipment Room1$1,520 Vise1$78 First Aid Kit1$68 Front & Back. No Strobe Lights Arrow Stik Traffic Control Light Bar2$1,905 90 Degree Rear Door1$295 Truck Back up Monitor System1$795 Bumper Crane1$4,703 TV Options Delete HPL 8 Lighthead1($690) Extenders for Ultra Shorty 211$650 Steerable Pipe Ranger1$22,500 Electronic Lift1$4,990 Rear View Camera for Pipe Ranger1$4,500 Additional OZ II Camera1$18,810 Sonde for both OZII2$4,500 Controls Transporter from Rear of unit Rear Foot Pedal Control Rear1$1,698 Flat Screen with Mounting Arm 17" Rear Monitor1$1,550 Granite XP1$18,500 1 year Enhanced Support Plan for GXP1$1,400 1 Mini Push System Mini 20201$7,227 100' additional cable1$523 Digital Locator Kit1$1,410 Built in Sonde1$575 Wireless Receiver for Truck Package 9131$533 Wireless Transmitter for 2020 Package 3141$424 Auto Upright1$888 Digital Video Recorder1$800 audio1$100 Pole Camera ï Pricing Worksheet City of University Park ComponentsQuantityPriceComments Lite Stick1$4,587 Package 9131$533 Additional Option Spare Part Kit1$4,405 Additional Day of Training for 3 days Training1$625 Total Price less Chassis$185,149 î AGENDA MEMO (05/22/07 AGENDA) DATE: May 17, 2006 TO: Honorable Mayor and City Council FROM: Nina Wilson City Secretary SUBJECT: RESOLUTION TO CANVASS RETURNS AND DECLARATION OF RESULTS OF SPECIAL ELECTION, MAY 12, 2007 On May 12, 2007, a Special Election was held to authorize the sale of Potomac Park to Southern Methodist University. The attached resolution canvasses the returns and declares the results of the Special Election. RECOMMENDATION: I recommend passage of the attached resolution. ATTACHMENTS: Resolution Election Results 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 U:\Docs\Election\2007\May\Memo to canvass votes 2007.doc 2:26 PM 05/17/07 RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF UNIVERSITY PARK, TEXAS, ON MAY 12, 2007, CONCERNING A PROPOSITION TO AUTHORIZE THE SALE OF POTOMAC PARK TO SOUTHERN METHODIST UNIVERSITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , on the 6th day of March 2007, the City Council of the City of University th Park, Texas, duly called an election to be held on the 12 day of May 2007, for the purpose of considering a proposition authorizing the sale of Potomac Park to Southern Methodist University, as permitted and required by Section 253.001 (b) of the Texas Local Government Code; and WHEREAS, immediately after said election, the Presiding Judge and other election officials holding said election made their returns and the results thereof to the City Council according to law and duly authenticated that the written notice of said election was published and posted for the time and in the manner provided by law and by the resolution calling the election, and all proceedings pertaining to said election having been shown to have been done and performed at and within the time and within the manner provided by law, and all papers pertaining thereto having been returned and filed with the City Council, and no protest or objection being made to or regarding any matter pertaining to said election; and nd WHEREAS, on the 22 day of May 2007, at a meeting of the City Council of the City of University Park, Texas, a quorum being present, the meeting was called to order; and WHEREAS, upon motion duly made and seconded, it was unanimously ordered that the th City Council consider the official returns of an election held in the City on the 12 day of May 2007; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That after examining said returns and opening and canvassing the votes for Precinct 1216 of the City cast at said election on Proposition 1, which read: “Shall the .80 acre tract known as Potomac Park located on the south side of Potomac Avenue just behind the Mockingbird Plaza Shopping Center between Airline and Central Expressway be sold to Southern Methodist University in the manner provided by law and the proceeds used only to acquire and improve property for public park purposes?” the results of said election are found by the City Council as follows: That there were 2202 votes cast, according to the returns, in the following manner: Number of Votes Cast For Proposition 1: 1782 Number of Votes Cast Against Proposition 1: 420 Total Votes Cast: 2202 See Returns and Results tabulated in Exhibit “A” attached hereto and made part hereof for all purposes. SECTION 2. That a majority of the votes having been cast “For” Proposition 1, it was thereby approved by the voters of the City of University Park for all purposes, and such result is hereby declared by the City Council, and shall take effect immediately from and after the passage of this Resolution, and it is accordingly so resolved. nd DULY ADOPTED by the City Council of the City of University Park, Texas, on the 22 day of May 2007. APPROVED: James H. Holmes, III, Mayor ATTEST: Nina Wilson, City Secretary 16833 5/12/2007 7:38 PM CITY OF UNIVERSITY PARK SPECIAL ELECTION Unofficial Combined Election Results May 12, 2007 Ballots Cast Early Voting - Mail Early Voting - In-Person Election Day - Optical Scan Election Day - ADA Ivotronic Total Ballots Cast Provisional Ballots Reg Voters % Turnout 259 997 950 o 2,206 2 14,596 15.11 % Early Voting Early Voting Election Day Election Day Total Vote % Mail In-Person Optical Scan ADA Ivotronic Proposition For 240 813 729 0 1782 80.93% Against 19 181 220 0 420 19.07% TOTAL 259 994 949 0 2,202 100.00% v MINUTES #2709 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, MAY 1, 2007, 5:00 P.M. Mayor James H. Holmes, III, convened the city council into an executive session in the conference room at 4:02 p.m. for a consultation with the City Attorney regarding potential litigation under Section 551.071 of the Government Code. The executive session was closed at 4:13 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 Three Boy Scouts introduced themselves and stated the badge upon which they were working. They were Nick Hudson, 3412 Granada, Apt. 202; Clayton McIntosh, 4108 Stanhope; Kelso Hartley, 3502 McFarlin. Councilmember Walker moved approval of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER COFFEE PARK MASTER PLAN HISTORICAL TIMELINE DESIGN PROPOSAL: Three (3) key design elements of the project include design of a sculpture donated by the Coffee Family, construction of a barrier-free playground, and the development and installation of a historical timeline exhibiting significant events associated with the history of the city. The goal of the project is to educate residents and students on city history. The contract for interpretive design services with Museumscapes is $9,800. CONSIDER REPLACEMENT OF MAIL/UTILITY BILLING VEHICLE: The current van is 11 years old. It shows marked wear and tear on the interior, and the air conditioner no longer functions properly. The new van is a Chevrolet Uplander, accommodates seven passengers and provides the cargo capacity necessary to move mail and packages. CONSIDER ORDINANCE AMENDING TEXAS FOOD ESTABLISHMENT RULES WITH REGARD ordinance amending the Texas Food Establishment Rules with TO CATERING TRUCKS: The regard to catering trucks requires the name of the catering service to be permanently affixed on both sides of the truck and requires the permit holder to permanently display the health permit in the catering truck. ORDINANCE NO. 07/14 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 THE TEXAS FOOD ESTABLISHMENT RULES WITH REGARD TO CATERING TRUCKS; REQUIRING THE NAME OF THE CATERING SERVICE TO BE PERMANENTLY AFFIXED ON THE TRUCK AND REQUIRING THE PERMIT HOLDER TO PERMANENTLY DISPLAY THE HEALTH PERMIT IN THE CATERING TRUCK; 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 RESOLTUION APPROVING EXEMPTION FROM BILINGUAL REQUIREMENTS OF THE TEXAS ELECTION CODE: The 2000 United States Census for the City of University Park shows that only 3.1% of the city’s population is of Hispanic or Latino descent and that the election precincts or parts thereof wholly within the City of University Park are exempt from the bilingual requirements of the Election Code pursuant to Section 272.003. RESOLUTION NO. 07-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING EXEMPTION FROM THE BILINGUAL REQUIREMENTS OF THE TEXAS ELECTION CODE FOR PRECINCTS OR PARTS OF PRECINCTS WHOLLY WITHIN THE CITY OF UNIVERSITY PARK; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A WRITTEN CERTIFICATION THAT SUCH PRECINCTS QUALIFY FOR THE EXEMPTION; AND PROVIDING AN EFFECTIVE DATE. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For April 17, 2007. MAIN AGENDA PUBLIC HEARING TO CONSIDER AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY ADDING SECTION 28-106 (a) TO PROVIDE FOR A SPECIAL EXCEPTION FOR A FRONT YARD FENCE IN THE SF-2 ZONING DISTRICT: Gilbert J. and Patricia Besing, property owners at 6023 St. Andrews, installed an 8-foot wrought iron fence in the front yard of their home in violation of city codes. The city requested they bring their property into compliance with the codes. The Besings applied to the Board of Adjustment for consideration of a variance. The board considered the item at its August 28, 2006 meeting and denied the request. The Besings then requested an amendment to the zoning ordinance to provide for a special exception which would allow the fence to remain. Mayor Holmes opened a public hearing. Mr. Besing made a presentation to the council for a special exception to the zoning ordinance. Ms. Beverly Dale, 6019 St. Andrews, spoke supporting the special exception. Mayor Pro Tempore Shawver stated that he had received two letters in opposition from Clyde Jackson, 6001 St. Andrews and George Seay, 6007 St. Andrews. Mayor Holmes closed the public hearing. Mayor Holmes stated that the zoning ordinance applies to all houses and that Mr. Besing house is not a special exception. Mayor Pro Tempore Shawver moved to deny the ordinance for a special exception. Councilmembers Carter and Grable recused themselves due to personal involvement with the issue. Councilmember Walker seconded, and the vote was 3-0 with 2 abstaining to deny the ordinance for a special exception for a front yard fence in the SF-2 District. PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE APPROVING SNIDER/HILLCREST STRATEGIC PLAN: The city contracted Townscape, Inc. in early 2005 to conduct a study and prepare a strategic plan for the future development of Snider Plaza. In developing the plan, Dennis Wilson and his team held a series of neighborhood meetings with property owners, residents, and merchants from July 2005-March 2006 to discuss the issues and draft proposals. The city council also convened a joint work session with the Planning and Zoning Commission on November 13, 2006 and discussed the draft of the plan. At that meeting, council directed staff to move forward with the formal adoption of the plan. The Planning and Zoning Commission held a public hearing on February 19, 2007 and considered the plan at its regular meeting on March 19, 2007. The Planning and Zoning Commission recommended approval of the plan with two conditions: a building height of four (4) stories must be defined, and the Rosedale opening should be implemented in the short term. After further consideration of the public comments provided, staff wished to add the following recommendations: (1) residential-over-retail development shall not be allowed specifically by zoning. Rather, it would require an amendment to the existing PD zoning on a case-by-case basis. Council asked that special standards be developed if such a request occurs, so that restrictions would already be in place to deter the use of units as student housing, such as parking requirements and unit configuration. (2) Standards shall be established for new developments in Snider Plaza with a specific height envelope. That height envelope should be a maximum of 42’ at the alley property line and extend at an angle of 3’ for every 1’ in additional height toward the Plaza. The maximum building height, including the parapet, shall be 60’, excluding mechanical, which shall be set back within the envelope, and the maximum number of stories shall remain at four, but must fit within this envelope. Present zoning on the Plaza allows four stories. There is not a specific height limitation. Depending upon individual floor heights and equipment screening needs, buildings under the current standards could exceed 55’ in height. (3) The Plaza “Green” is just a concept. No action shall be taken on its implementation until any parking that may be displaced, plus 150 additional spaces, are secured for customer and employee use. (4) Move the opening of Rosedale for better circulation from “mid-term” implementation to the short term. (Planning and Zoning Commission Recommendation.) Five parking spaces will be lost by this change. Before Mayor Holmes opened the public hearing, he made the following statement: “The city has received approximately 2,000 letters from University Park residents, as well as, visitors to Snider Plaza in opposition to the Townscape Master Plan for Snider Plaza. Letters have also been received from 60% of the business owners in Snider Plaza. I move that this council reject all aspects of the Townscape Master Plan for Snider Plaza that recommends removal of street parking and presence of a village green and residential development in Snider Plaza and that all references to the removal of street parking, the presence of a village green, and residential development in Snider Plaza, which are contained in the Townscape Master Plan, be deleted.” Frank McIntyre, 3439 Westminster, spoke in favor, with reservations, of the Townscape Master Plan for Snider Plaza, and Mary Graves, 6716 Hursey, stated that she did not agree with everything in the plan; but, thought it was a good plan, and she wished the council would move forward with it, taking a look at the parking situation. Jeff O’Neil, 3117 Bryn Mawr, who owns a business in Snider Plaza at the corner of Westminster, spoke in opposition to underground parking. John Jackson, 3425 Colgate, stated that he was in favor of some things and against others. He was in favor of an advisory committee of citizens, merchants and owners. Kitty Ritchie Holleman, 3939 Marquette, feels that Snider Plaza streets should be one way. Albert Huddleston, 4021 McFarlin and owner of the Chase Bank Building, suggested tabling the issue. Max Fuqua, owner of Plaza Health Foods, 6717 Snider Plaza, agreed that the issue should be tabled and that other solutions be brought up in committee. Councilmember Grable asked Mr. Fuqua for his solutions to the parking situation. Mr. Fuqua suggested that the garages at the Medical Arts Building and SMU could be used with people paying to park. Robert Reeves, a planning and zoning consultant retained by the merchants, requested no underground parking, residential uses or green space, and that provision for these items be deleted. Karl F. Kuby, owner of Kuby’s Sausage House, 6601 Snider Plaza, requested the council move forward in unison. Duncan Fulton, 3524 Rankin, felt that the short term recommendations were good, but did not feel the residential uses and parking were good. Roger Fullington, 3801 McFarlin, stated that 60% of the owners think the issue should be tabled. They are opposed to the green space and parking regulations. Councilmember Grable stated the council was not in favor of removing parking from Snider Plaza and that standards were needed on height restrictions and that the council is not in favor of damaging Snider Plaza or the owners. Councilmember Walker emphasized the process of everyone working together on Snider Plaza. Councilmember Carter stated council was concerned about parking and moving traffic through Snider Plaza and that Dennis Wilson of Townscape, had presented an idea and that a great deal of misinformation had been given out with regard to it. Mayor Holmes then made the following motion: “I move that this council reject all aspects of the Townscape Master Plan for Snider Plaza that recommends removal of street parking and the presence of a village green, and residential development in Snider Plaza, and that all references to the removal of street parking and the presence of a village green and residential development in Snider Plaza which are contained in the Townscape Master Plan be deleted and that the plan be revised and brought back to the city council.” He then amended the motion as follows: “I move the issue on the master plan be tabled and brought back to the council in revised form for consideration, and I will leave the public hearing open and deny the ordinance at this time.” Councilmember Grable seconded, and the vote was unanimous to approve the motion and amendment. As there was no further business, the meeting was adjourned. nd PASSED AND APPROVED this 22 day of May 2007. James H. Holmes, III, Mayor ATTEST: Nina Wilson, City Secretary AGENDA MEMO (05/22/07 MEETING) DATE: May 17, 2007 TO: Honorable Mayor and City Council FROM: Kent R. Austin, Director of Finance SUBJECT: Presentation of FY2006 audited financial statements BACKGROUND Included on the May 22 meeting agenda is a visit from the City’s external auditors, Weaver & Tidwell LLP. Transmission of the financial statements to the City Council is an annual event following conclusion of the audit. Jerry Gaither, Audit Partner of Weaver & Tidwell, will attend the May 22 meeting to transmit the Comprehensive Annual Financial Report and answer any questions you may have. Once again the City received an unqualified audit opinion, which attests to the fair representation of the City’s financial position. This year there is no accompanying set of management letter comments. The auditors found no reportable conditions or material weaknesses. I am proud of the job that Controller Tom Tvardzik and the finance staff have done in maintaining a high level of accuracy and accountability with the City’s finances. RECOMMENDATION Staff recommends the City Council accept the FY2006 CAFR. The Finance Advisory Committee is scheduled to review the document at its June 21 meeting. ATTACHMENT: ? FY2006 Comprehensive Annual Financial Report AGENDA MEMO (05-22-07 AGENDA) DATE: May 16, 2007 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Receive presentation of Traffic Impact Analysis of the proposed Chase Bank Development. Background. Jody Short, P.E., representing Lee Engineering, will present his findings of the Traffic Impact Analysis he developed for the proposed Legacy (Chase Bank) Development. Staff met with Mr. Short, Elizabeth Crow, P.E. (DeShazo-Tang Associates, representing the adjacent residential neighborhood) and Jeremy Wyndham, P.E. (Jacobs Engineering, representing Legacy Development), and Dannie Cummings, P.E. to review the results of the TIA and allow them to provide technical comment. Following the aforementioned review, Mr. Short completed the TIA. Both Ms Crow and Mr. Wyndham were subsequently notified that the only item on the 05.22.07 City Council agenda will be a presentation of the TIA, and that the public hearing on the zoning case had been closed at a previous meeting. I suggested that they or their clients submit any written questions or comments prior to the meeting so the Council would have an opportunity to see them. Discussion. No questions or comments have been received to date. ORDINANCE NO. 07/08 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ANNEXING THE TRACT OF LAND DESCRIBED AND DEPICTED IN EXHIBITS “A” AND “B”, ATTACHED HERETO AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID PROPERTY WITHIN THE CITY LIMITS; PROVIDING FOR AN ANNEXATION SERVICE PLAN ATTACHED HERETO AS EXHIBIT “C”; AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF SAID CITY OF UNIVERSITY PARK; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of University Park has heretofore entered into a Boundary Adjustment Agreement with the City of Dallas for the annexation of the land described herein into the corporate limits of the City of University Park; and WHEREAS , such tract of land is contiguous and adjacent to the corporate limits of the City of University Park and does not exceed one mile in width; and WHEREAS , after notice was duly published, public hearings on the proposed annexation were held by the City Council of the City of University Park, Texas, all in strict compliance with chapter 43, Texas Local Government Code; and, WHEREAS , the following described land is adjoining the present city limits of the City of University Park and the members of the City Council of the City of University Park have concluded NOW, that said area should be annexed and made a part of the City of University Park, Texas; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the hereafter described tract of land is hereby annexed to include the said tract of land within the city limits of the City of University Park, Texas, and the same shall hereafter be included within the territorial limits of the said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City and shall be bound by the ordinances, acts, resolutions and regulations of said City of University Park, Texas. Said tract of land situated in -1- Dallas County, Texas, is more fully described and depicted in Exhibits “A” and “B”, attached hereto and made a part hereof, the same as if copied in full herein. SECTION 2. The Annexation Service Plan which is attached to this ordinance as Exhibit "C" is hereby approved and incorporated herein as part of the ordinance. SECTION 3. That it is not the intention of the City of University Park to annex any territory not legally subject to being annexed by the City, and should any portion of the above-described areas not be subject to legal annexation by the City of University Park, such fact shall not prevent the City from annexing such territory which is subject to legal annexation by the City, and it is the intention of the City of University Park to annex only such territory as may be legally annexed by it within the above described area. SECTION 4. That this ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of April 2007. APPROVED: _________________________________ JAMES H. HOLMES III, MAYOR ATTEST: __________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD/ORD16152) -2- EXHIBIT A -3- EXHIBIT B -4- EXHIBIT C ANNEXATION SERVICE PLAN In connection with the annexation of an approximately .2120 acre tract of land by the City of University Park, Dallas County, Texas, described in Exhibit “A”, the following service plan is adopted as required by Section 43.056 of the TLGC. EXAS OCAL OVERNMENT ODE The City of University Park will, to the extent it provides or authorizes such services itself or through contractual arrangements with other entities, provide the following services in the area upon the effective date of the annexation of the area: (1) Police protection; (2) Fire protection; (3) Solid waste collection; (4) Maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (5) Maintenance and operation of roads and streets, including road and street lighting; (6) Maintenance and operation of parks, playgrounds, and swimming pools; (7) Maintenance and operation of any other publicly owned facility, building or service; and (8) Emergency medical services. The City of University Park will also provide other services such as planning, zoning, code enforcement, subdivision regulation, animal control, court, construction codes and general administration, to the extent it now provides any such service, on the effective date of the annexation. Full municipal services will be made available to this property immediately upon annexation. Miscellaneous Provisions: (1) This service plan is valid for ten years. Renewal of the service plan is at the discretion of the City of University Park. -5- (2) This service plan does not require a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. (3) This service plan shall not be amended unless public hearings are held in accordance with V.T.C.A., Local Government Code, Section 43.052. (4) This service plan is adopted as Exhibit “B” to the Ordinance annexing the property described in Exhibit “A” to the City of University Park. The City shall provide the area or cause the area to be provided with services in accordance with this service plan. -6- AGENDA MEMO (05/22/2007 AGENDA) DATE: May 22, 2007 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Hold a public hearing and consideration of an ordinance amending the Comprehensive Zoning Ordinance by amending Section 26-100, Off-street Parking Requirements other than in UC-1 and UC-2 districts to require off-street parking spaces for multi-family residential dwelling units. Background/Analysis: On January 16, 2007, City Council received a report and discussed issues relating to multi family construction. Council then directed staff to draft an ordinance to amend the parking standards for multi family developments which was presented and discussed at its regular meeting on February 6, 2007. The Planning and Zoning Commission held a public hearing on the draft ordinance on March 19, 2007 and further considered this item at is regular meeting on April 16, 2007. The draft ordinance proposed to regulate the number and location of driveways as follows: The aggregate of driveway approaches shall not exceed: (i) One driveway per street frontage per platted lot, provided that additional driveways with a minimum of 100 feet of street frontage, measured from center line to center line, separating them, shall be permitted; (ii) Multiple driveways that provide direct access only to an alley shall be permitted. In addition the draft ordinance provided for an increase in off-street parking spaces in the multi family zoning districts from 2 spaces per dwelling unit to one space per bedroom plus one additional space per ten bedrooms or fractions thereof, for visitors parking. Recommendation The Planning and Zoning Commission voted 5 – 0 to deny the proposed driveway standards and to approve the increase parking requirements excluding any additional visitors parking. The draft ordinance as recommended by P&Z is attached for consideration. Attachments: 1. Proposed Ordinance 2. P&Z Minutes of April 16, 2007 3. Letters from Chuck Barnett and Jan Harbour ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 26-100 OFF- STREET PARKING REQUIREMENTS OTHER THAN IN UC-1 AND UC-2 DISTRICTS TO REQUIRE OFF-STREET PARKING SPACES FOR MULTI-FAMILY RESIDENTIAL DWELLING UNITS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and have forwarded a full and fair hearing to all property owners generally, and City Council of the City of University Park is of the opinion and finds that said zoning changes should be granted and that the Comprehensive Zoning Ordinance should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Section 26-100 “Off-street Parking Requirements Other Than in UC- 1 and UC-2 Districts” of the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended in part by amending g the uses and spaces required for off-street parking as follows: Section 26-100Off-street Parking Requirements Other Than in UC-1 and UC-2 “ Districts Use Spaces Required …. SF, SF-A, D Minimum of two off-street paved parking spaces per dwelling unit MF Minimum of two off-street parking spaces per dwelling unit or one off-street parking space per bedroom, whichever is greater. ….” SECTION 3. All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. nd DULY PASSED by the City Council of the City of University Park, Texas, on the 22 day of May 2007. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _________________________________ CITY ATTORNEY (RLD/01/25/07)(13249) ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 26-100 OFF- STREET PARKING REQUIREMENTS OTHER THAN IN UC-1 AND UC-2 DISTRICTS TO REQUIRE OFF-STREET PARKING SPACES FOR MULTI-FAMILY RESIDENTIAL DWELLING UNITS; 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. nd Duly passedby the City Council of the City of University Park, Texas, on the 22 day of May 2007. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES April 16, 2007 The Planning and Zoning Commission of the City of University Park met on Monday, April 16, 2007 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 AttendingStaff Members Attending Robert H. West - Chairman Harry Persaud – Community Dev. Mgr Bill Foose Lorna Balser- Planning Assistant Doug Roach Randy Biddle Reed Shawver, III Present and Seated Jerry Jordan Bea Humann Ed Freeman Mr. West opened the meeting, welcomed everyone in attendance and then read the specifics of the first case. He stated that there would be no public discussion of the driveway standards ordinance because public discussion had been taken at the previous meeting in March. PZ 07-006: Consider an ordinance amending the comprehensive zoning ordinance of the City of University Park, by amending Section 27-100(1) general driveway requirements to regulate placement of driveways; and by amending Section 26-100 off street parking requirements to require off street parking spaces for multi-family residential dwelling units. This item was tabled at the March 19, 2007 meeting. Bill Foose asked staff for the current driveway requirements within the city. Staff informed the commission that there is a maximum for cumulative drives of 24’ along the front street and a maximum cumulative of 40’ along the side street, or a maximum of 30% of the lot depth. Whichever is smaller. Rob Dillard commented that engineers recommend 12’ for maneuverability off the public streets. Bob West asked Harry Persaud about the current parking requirement vs. the proposed parking requirement. Harry Persaud responded that it protects the frontages of the residences for on street parking. Discussion continued between commission members pertaining to the location of drives on different size lots. Rob Dillard reminded the members of the commission that they were to make a recommendation to the council. Discussion among the commission members pursued concerning what recommendation might encourage better design and promote better access to driveways. Reed Shawver asked staff if 40’ was workable and practical. Harry Persaud responded, “Yes”. Bill Foose asked whether or not the hired consultant could also be looking at this issue. Harry Persaud stated that the consultant is looking at a list of issues. Bob West asked if there were any further questions or recommendations. Reed Shawver made a motion to leave the ordinance as it is. Bill Foose seconded the motion. Bob West recommended denial of the proposed amendment to the ordinance as presented on the driveway standards. With a vote of 5-0 the motion was motion was denied. Bob West presented the second section of the ordinance which calls for amending the off street parking requirements for the City of University Park. The commission members discussed the current requirements in addition to the current staff recommendation of 1 space per bedroom with visitors allowance. Concern was expressed for the visitor’s requirement. Doug Roach made a motion to approve the section of the ordinance as requested but without the visitor’s requirement. Randy Biddle seconded the motion. Bob West recommended approval of the proposed amendment to the ordinance without the additional visitors parking. With a vote of 5-0, the motion was approved. Mr. West asked for a motion to approve the minutes from the March 19, 2007 Planning & Zoning Commission meeting. Bill Foose made a motion to approve the minutes. With a second from Randy Biddle, the motion was approved unanimously. With there being no further business before the Board, Mr. West adjourned the meeting. _________________________ Robert H. West, Chairman Planning & Zoning Commission _________________________ Date AGENDA MEMO (05/22/2007 AGENDA) DATE: May 22, 2007 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Hold a public hearing and consideration of an ordinance amending the Comprehensive Zoning Ordinance by amending Section 22-101 (3) (a) providing for the maximum number of dwelling units in the multi family zoning districts. Background/Analysis: The zoning ordinance provides the minimum lot area in square feet per dwelling unit in the multi family zoning districts. The requirement is 2,400 sq. ft. in the MF-1 district, 1,800 sq. ft. in the MF-2 district and 1,200 sq. ft. in the MF-3 district. The ordinance also provides a methodology for determining the maximum number of dwelling units which may be constructed on a specific lot or tract of land. Section 22-101 (3) (a) “Maximum Number of Dwelling Units” states as follows: In determining the maximum number of dwelling units, fractional units shall be rounded up to the nearest whole number. In practice staff has interpreted and used this language to round up any fraction when dividing the lot area by the minimum square feet required per unit. The proposed amendment states as follows: (a) Maximum Number of Dwelling Units “In determining the maximum number of dwelling units that may be constructed on a lot or parcel of land, if there is remaining lot area which is less than 100% of the required minimum lot area for an additional unit, but which is greater than 50% of the required area, an additional unit shall be permitted.” The proposed ordinance will only allow fractional units of 0.5 and over to be rounded up to the nearest whole number. Recommendation: The Planning and Zoning Commission is scheduled to consider this item at its regular meeting on May 21, 2007. Attachments: Proposed ordinance ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 22-101 (3) (a) PROVIDING MAXIMUM NUMBER OF DWELLING UNITS IN MULTIPLE-FAMILY DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and have forwarded a full and fair hearing to all property owners generally, and City Council of the City of University Park is of the opinion and finds that said zoning changes should be granted and that the Comprehensive Zoning Ordinance should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Section 22-101 (a) “Maximum Number of Dwelling Units” of the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended to read as follows: Section 22-101 Multiple-Family Dwelling Districts “ … (3) Development Standards (a) Maximum Number of Dwelling Units In determining the maximum number of dwelling units that may be constructed on a lot or parcel of land, if there is remaining lot area which is less than 100% of the required minimum lot area for an additional unit, but which is greater than 50% of the required area, an additional unit shall be permitted.” SECTION 2. All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 22 day of May 2007. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _________________________________ CITY ATTORNEY (RLD/04/18/07)(15946) ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 22-101 (3) (a) PROVIDING MAXIMUM NUMBER OF DWELLING UNITS IN MULTIPLE-FAMILY DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Duly passedby the City Council of the City of University Park, Texas, on the 22 day of May 2007. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY RECE'YED MAY 1 4 lOO7 ([5}[J/JeJtt q; ~Jliel j{) j _" lun! ild fL' /)(/!/II\. Te.w,-_'_)5 \ fur j (COW Honorable Blackie Holmes, Mayor City of University Park 3800 University Blvd University Park, TX 75225 Subject: Off-street Parking MF Dear Sir: First off! want to tell you that I own some old apartments that come under the above restriction, I hope that I am not biased for I want to be fair to all concern. I am against the purposed change unless you change all property, especially single family. I live on a street that is really one way for at least one home that has 3 bedrooms has five cars and they have parking problem. That is not only the case in our beloved Park Cities. Try to drive down most any street and you will find the same condition. Now, the people who live in the apartments are tax paying citizens for tax is a part of their rent. Should you choose to pass the ordinance for only MF zoning, I feel that you would be discriminating against those who occupy apartments. I have had tenants who have been my clients for more than eight years and I know it would not have been fair to them. I appreciate the problem we have in Park Citiies with parking. The real problem is that we are an older generation or close to it, and each person in a household has an automobile. I hope that you will consider this in your debrilation for I know you to be a fair person and this ordinance would not be fair to all citizens in my opinion. Everybody can't be a home owner, but why should we discriminate against those who can't? I'm not a lawyer, but I don't think your ordinance would stand the test of non discrimination. Your ordinance will not affect me in any way for I do not rent to S.M.U. student unless they are graduate students and then I require one year rent in advance plus a security deposit. This is in spit of the fact that I'm a graduate ofSMU, a veteran who graduated in 1948. Let's find another solution to our parking problem that is fair to all concern. I love living in UP jilt;~z( RECEIVED MAY 15 1007 Jane S. Baskett 3421 Rosedale Avenue University Park, Texas 75205 jsbaskett@aol.com / 469-232-0190 May 15,2007 Mayor James H. Holmes University Park City Hall University Park, Texas (hand delivered) Dear Mayor Holmes, I am writing to you and members of the City Council about the zoning proposal to require a minimum number of parking spaces for multi-family dwellings in certain parts of University Park. I hope you will not enact the ordinance passed by the Planning and Zoning Commission. I own and live in a townhouse on Rosedale Avenue west of Snider Plaza. If enacted as is, the ordinance would immediately make our four-member homeowners association in violation of city ordinances and subject to a $2,000-a-day fine. The problem with parking on Rosedale -- and other streets near Snider Plaza -- is not with multi-family units. It is with shoppers, university students and construction equipment. In fact, at one of the Snider Plaza master plan input meetings, a townhouse owner said that the valet attendants at one Snider business parked the customers' cars in front of her townhouse on Hursey Street. I cannot stress enough the extent that construction contributes to congestion. The oversized equipment takes up multiple parking spaces and often makes the street difficult navigate. For months, there has been construction next to my townhouse. Three other properties in the same block are for sale as teardowns, meaning construction equipment probably will be on the street for a long time to come. When the shops are close, classes are out and no construction is going on, there is no parking problem. At night, the street is deserted. I also believe the ordinance unfairly targets multi-family dwellings. I've been down many single-family area streets in University Park that are clogged with parked cars. Purdue Avenue east of Preston Road is a good example of such a bottleneck. To ease congestion, I would suggest: -- have the ordinance apply to new construction only. -- bar parking on one side of the street. At the very least, I would request this change: Give property owners at least six months to comply. Several months ago, when my neighbor told me that such a proposal was being considered, I told him not to worry, that University Park wouldn't make such a requirement of existing dwellings. From what I had seen of the University Park City Council in the half-dozen years I've lived in the Dallas area, it had been a shrewd but fair-minded body. I hope that I was correct in that assessment. Thank you for considering my arguments. Sincerely, ~./ .-6~ J& S. Baskett cc: City Manager Bob Livingston Community Development Manager Harry N. Persaud Larry Ley, president of Snider Plaza Owners Association (my homeowners association) RECEIVED MAY 16 Z007 Nancy and Will Fulton 11415 Royalshire dr Dallas, TX 75230 Dear Sirs and Madame, I am writing in opposition to the proposed requirement of lon-site parking place per bedroom for MF zoned property (plus continuing the requirement of 2 parking spaces for 1 bedroom units). My husband and I and my sister and her husband (John and Maureen Stacy) own duplexes at 3231-33 and 3235-37 Rosedale respectively. We bought the MF-3 zoned properties in 2000 with the intention of maintaining the properties in good condition as rental units until we could either sell them or redevelop them. When we bought the properties we understood that the MF-3 zoning was the highest density zoning in University Park and we estimated that in the future these lots would be worth more as development sites. We have owned these properties for 7 years we have added many thousand of dollars in improvements, including additional parking spaces. All of our residents have their own parking spot, none park on the street. Our street is unique in that it is a one way street going east and there is parking allowed only on the north side of the street. What that means is that regardless of what is built on that street there will not be any additional parking on it than currently exists today. No one on our street has had a problem with parking despite being so close to SMU and Snider Plaza. Yet to fix a problem that does not exist on our street you propose the drastic measure oflimiting what the property owners can do with their property. Our orooerties will not be worth what they could be worth under the MF-3 zonin2 if this law is enacted. In effect you will be taking away the capital appreciation we dreamed of to fund our childrens' college funds and our retirement. Other areas of the city have parking problems but you are not proposing to fix those parking issues on the backs of those property owners. We lived in University Park for 22 years. Our 4 daughters attended HPISD. We have been very involved in the schools and the community. Now we ask that you consider the full ramifications of what you are proposing. Rather that decrease our property's value we would encourage you to look at enacting the same parking rules on the west side of the shopping center as you have on the east. This would be a good starting point. Sincerely, ~/~ -Ct-jzfL) J-j~ #CUj N;tA ~~ -- r #acd-' . AGENDA MEMO (05/22/2007 AGENDA) DATE: May 22, 2007 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Hold a public hearing and consideration of an ordinance approving an amended site plan for Planned Development District PD-15 for the Highland Park Independent School District, for property situated at 3505 Amherst Street, City of University Park and providing for special conditions. Background/Analysis: HPISD is requesting approval of an amended site plan for Planned Development District PD-15 to allow for a free standing arbor to be located on the North side of the University Park Elementary School. The proposed arbor to be constructed of cedar wood is 20 feet in length by 16 feet width and 10 feet high measured from existing grade. A site plan showing the proposed location and details of the proposed arbor is attached. Recommendation The Planning and Zoning Commission is scheduled to consider this item at its regular meeting on May 21, 2007. Attachments: 1. Proposed ordinance 2. Site plan and elevation drawings of the proposed arbor. City Council Report DATE: May 22, 2007 TO: Mayor and City Council FROM: Harry Persaud, Community Development Manager RE: PZ-07-008 GENERAL INFORMATION APPLICANT: John Polando, HPISD LOCATION: 3505 Amherst Street, the same beingthe Planned Development District PD-15, a tract of land situated North of Lovers Lane and West of Dickens Ave, University Park, Texas. REQUEST: Requesting approval of an amendment to Planned Development District PD-15 which will incorporate a free standing arbor to be located on the North side of the University Park Elementary School. EXISTING ZONING: PD-15 SURROUNDING LAND USE: Residential: North - SF-4, West – SF-2, East – SF-A & SF-4, South – SF-3 STAFF COMMENTS: Planned Development District No. 15 was established in July, 1990, for the Highland Park Independent School District on property commonly known as 3505 Amherst Street, University Park, Texas. HPISD has submitted an application requesting an amendment to the Planned Development District, PD15 to allow for a free standing arbor to be located on the North side of the University Park Elementary School. The proposed arbor is 20 feet in length by 16 feet width and 10 feet high measured from existing grade. Property owners within 200 feet of the subject site were notified of the public hearing and a notice was published in the Park Cities News on May 3, 2007. RESPONSES: At the time of this report, no one responded. ATTACHMENTS: 1. PD application and supporting documents. 2. Proposed Ordinance. 3. Original Ordinance for PD-15. 4. Exhibit showing proposed free standing arbor. ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY APPROVING AN AMENDED SITE PLAN FOR A PORTION OF PLANNED DEVELOPMENT DISTRICT NO. 15 FOR HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, as heretofore amended, be, and the same are hereby, amended by approval of an amended site plan for that portion of Planned Development District No. 15, University Park Elementary, said property being more particularly described in Exhibit “A”, attached hereto and made part hereof for all purposes. SECTION 2 . That the amended detailed site plan setting forth the authorized land uses for the property and the elevation drawings of a new proposed arbor is attached hereto as Exhibit “B” and made a part hereof for all purposes, the same as if fully copied herein. That such site plan contains the data required by Section 17-101 of the Comprehensive Zoning Ordinance. SECTION 3 . That the granting of this amended site plan for a portion of Planned Development District No. 15 is subject to the following special conditions: A. Development of the property shall be in accordance with the approved amended site plan and all provisions of Planned Development District No. 15 and the Comprehensive Zoning Ordinance of the City of University Park, as heretofore amended and as amended hereby; B. Additional special conditions for development of the Planned Development District will be as follows: 1.The free standing arbor will be 16 feet by 20 feet in size and will not exceed 10 feet in height as measured from grade. 2.The arbor will be constructed of cedar wood; 3. That except as previously amended and as amended hereby, the special conditions of PD 15 shall remain in full force and effect. SECTION 4 . That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby are hereby repealed. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part decided to be invalid, illegal or unconstitutional, and the same shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such a violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 22 of May 2007. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ NINAWILSON, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD/5-4-07) ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY APPROVING AN AMENDED SITE PLAN FOR A PORTION OF PLANNED DEVELOPMENT DISTRICT NO. 15 FOR HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the 22 day of May 2007. APPROVED: ____________________________________ MAYOR ATTEST: ____________________________________ CITY SECRETARY AGENDA MEMO (05/22/07 AGENDA) DATE: May 17, 2007 TO: Honorable Mayor and City Council FROM: Bud Smallwood, Director of Public Works SUBJECT: Ordinance Amending Building Requirements to Require Concrete Paving Between the Rear Property Line and the Alley Pavement. ITEM: Property owners are currently required to add or repair sidewalks to meet city requirements as a condition for granting a permit to build or remodel a home when the project is valued at $10,000 or greater. The city continues to face problems in the alley such as tree and shrub encroachments and rutting of the soil next to the alley pavement. This proposed ordinance would require residents to pave with concrete the strip of land between their rear property line and the alley pavement. This would eliminate the problems of rutting, encroachments, and overgrowth behind these properties. The proposed ordinance would also change the threshold for requiring such changes to include all improvements in excess of $10,000 instead of just home construction and remodels. This change would affect projects such as swimming pool installations and major fence replacements. RECOMMENDATION: Staff recommends approval of the proposed ordinance amending the Code of Ordinances to provide requirements for the addition, repair, or replacement of public walks, alleys, and driveway approaches. ATTACHMENTS: ? Proposed Ordinance ? Sample photo of alley rutting problem ? Sample photo of alley encroachment problem ? Sample photo of fully paved alley right-of-way C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Alley ROW paving ord 5-22-07.doc 2:05 PM 05/17/07 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 3, BUILDING & CONSTRUCTION, BY AMENDING SECTION 3.1413 TO PROVIDE REQUIREMENTS FOR THE ADDITION, REPAIR, OR REPLACEMENT OF PUBLIC WALKS, ALLEYS, AND DRIVEWAY APPROACHES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 3, Article 3.1400, Section 3.1413, of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: "Sec. 3.1413 Requirements for the Addition, Repair, or Replacement of Public Walks, Alleys, and Driveway Approaches (a)As a condition for the granting of a building permit for any improvements to real property, when the estimated or readjusted cost of said improvements is ten thousand dollars ($10,000.00) or greater: (1)all public walks, if not existent or if, in the opinion of the director of public works, existing public walks and driveway approaches are in a state of disrepair or constitute a hazard to pedestrian traffic, shall be constructed on both the front and the side of the property; curb openings for abandoned driveways will be closed and existing public walks and driveway approaches, where required, shall be repaired or replaced in accordance with city specifications; and, (2)all improvements and encroachments, including all landscaping materials (grass, trees, shrubs, and plants), in the existing alley right-of-way abutting the property for which the permit is required shall be removed or relocated onto the abutting private property by, and at the sole expense of, the abutting private property owner, and the portion of the alley right-of-way between the edge of the alley paving and the property line shall be paved with reinforced concrete at approximately the same grade as the alley paving, allowing for proper drainage from the abutting property to the alley, such paving to be done in accordance with City specifications for alley paving and by, and at the sole expense of, such abutting private property owner. (b)When repair of public sidewalks on corner lots is required by this section, it shall be the responsibility of the city to repair or replace existing handicap ramps or, in the absence of such a ramp, place or cause to be placed, handicap ramps which comply with the requirements of the Texas Accessibility Standards (TAS) and the Americans with Disabilities Act (ADA).” SECTION 2. That all provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance are hereby repealed. C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Alley ROW paving ord 5-22-07.doc 2:05 PM 05/17/07 SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. nd DULY PASSED by the City Council of the City of University Park, Texas, on the 22 day of May 2007. APPROVED: ______________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: ________________________ _________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/5-15-07) C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Alley ROW paving ord 5-22-07.doc 2:05 PM 05/17/07 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 3, BUILDING & CONSTRUCTION, BY AMENDING SECTION 3.1413 TO PROVIDE REQUIREMENTS FOR THE ADDITION, REPAIR, OR REPLACEMENT OF PUBLIC WALKS, ALLEYS, AND DRIVEWAY APPROACHES; 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. nd DULY PASSED by the City Council of the City of University Park, Texas, on the 22 day of May 2007. APPROVED: ______________________________ MAYOR ATTEST: ______________________________ CITY SECRETARY C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Alley ROW paving ord 5-22-07.doc 2:05 PM 05/17/07 Ruts along edge of alley Encroachment into the alley right-of-way C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Alley ROW paving ord 5-22-07.doc 2:05 PM 05/17/07 Fully paved alley right-of-way C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Alley ROW paving ord 5-22-07.doc 2:05 PM 05/17/07 AGENDA MEMO (05-22-07 AGENDA) DATE: May 17, 2007 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider bids received for sidewalk replacement around the four HPISD campuses. Background. Pursuant to discussions at the 12.05.06 Council regarding the condition of sidewalks around the four HPISD campuses in the community, bids were received on Friday, 05.18.07. The proposed project calls for the work to be accomplished during the summer recess. Please note that the scope of the project was increased significantly. The estimate previously discussed was based on a brief survey by Code Inspection staff, who apparently only designated the sidewalk with vertical displacement (“toe-trippers”). As engineering staff developed the project documents, a number of other issues were discovered, primarily relating to ADA accessibility. An example is the entire length of sidewalk along the east side of Hyer Elementary. The sidewalk is in good structural condition, but there is a severe cross-slope which should be corrected. The result of adding ADA compliance to the “toe-tripper” list increased the replacement square footage from 6,164 SF to 15,543 SF. Consideration. Bid tabs will be presented at the pre-meeting with a recommendation for Council award. AGENDA MEMO (5/22/2007 AGENDA) DATE: May 17, 2007 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Barbara Hitzelberger Park Project Bids BACKGROUND: On April 25, 2007, staff opened sealed bids for the construction of Barbara Hitzelberger Park. Of the four (4) bidders, two (2) bidders were immediately rejected for incomplete bids. The high bid submitted by American Civil Contractors was 1.4 million. The low bid for the project including all bid alternates was received from The Fain Group for $709,000.00. After reviewing the bids, the Park Advisory Board Chairman, Bill Pardoe and the Project Architect, Coy Talley expressed their concerns about the price difference between the two bidders. Staff has met with the President of the Fain Group, Larry Frazier, who insured staff his company could build the park at the submitted bid price and meet project specifications. Staff has also contacted The Fain Group references (City of Rowlett and City of North Richland Hills), all of which were highly supportive of the contractor’s performance and workmanship. Finally, in an effort to reduce concerns, staff has also requested that Gallagher Construction be retained to help oversee the inspection, coordination and project management of the project. The total projected project budget is as follows: Fain Group Construction Total Project Fees: $709,000.00 Remove Alternate # 1 ($18,310.00) Remove Alternate # 3 ($ 6,941.00) Total Construction Costs $683, 749.00 Gallagher Construction Fees (3%) $ 21,000.00 Project Contingency (10%) $ 68,375.00 Material Testing $ 7,500.00 Total Project Costs $780,624.00 RECOMMENDATION: Staff is requesting direction from City Council on how to proceed with the bid award to The Fain Group for the construction of Barbara Hitzelberger Park Project. ATTACHMENTS: Barbara Hitzelberger Park Project Bid Tab