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Home My WebLink AboutAgenda 08-07-07 City CouncilAGENDA #2715 CITY OF UNIVERSITY PARK COUNCIL CHAMBER – CITY HALL MODULAR BUILDING TUESDAY, AUGUST 7, 2007 5:15 P.M. 3:00-3:30 PM EXECUTIVE SESSION: FOR CONSULTATION WITH CITY ATTORNEY UNDER SECTION 551.071 & 551.072, GOVERNMENT CODE. NO ACTION WILL BE TAKEN – City Hall, Fire Department Training Room 3:30-4:00 PM DISCUSS: CHASE BANK DEVELOPMENT PD REQUEST. NO ACTION WILL BE TAKEN – City Hall, Fire Department Training Room 4:00-5:00 PM WORK SESSION FOR AGENDA REVIEW – City Hall, Fire Department Training Room 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– Human Resources Director Luanne Hanford PLEDGE OF ALLEGIANCE – Human Resources Director Luanne Hanford /Boy Scouts – INTRODUCTION OF COUNCILMayor James H. Holmes, III INTRODUCTION OF STAFF– City Manager Bob Livingston II.AWARDS AND RECOGNITION DEPARTMENT PINS: Police Officer Victor Velasquez, 25 years and Maintenance Technician II David Nixon, 20 years PROCLAMATION: Constitution Week September 17-13, 2007 EMPLOYEE RECOGNITION: Jason McCallum, Ken Irvin, Denise Rencher and Lieutenant Keith Burks for their work on the movement of the 9-1-1 Emergency Dispatch Center to the Peek Service Center III.CONSENT AGENDA A.CONSIDER: Approval of Bid #07-05, SCBA Compressor for Fire Department – Ledbetter/Green B.CONSIDER: Approval of Bid #07-06, Fire Department Protective Clothing – Ledbetter/Green C.CONSIDER: City Manager to sign Air Monitoring Agreement with TCEQ – Ledbetter D.CONSIDER: City Manager to Sign Texas Department of Public Safety memorandum of understanding for the use of state interoperable radio frequencies – Ledbetter E.CONSIDER: Park Cities Baptist Church Request to use City streets for 5K Run – Adams F.CONSIDER: Reservation request from the Park Cities Presbyterian Church – Bradley G.CONSIDER: Ordinance for Newsrack Regulations at YMCA – Corder H.CONSIDER: Resolution resending Resolution 07-10 approving an exemption from the bilingual requirements of the Texas Election Code – Smith I.CONSIDER: Ordinance Abandoning Water Line Easement in the 3600 and 3700 Blocks of Villanova – Speer J.CONSIDER: Approval of City Council Meeting Minutes for July 3, 2007 – Smith IV.MAIN AGENDA A.PUBLIC HEARING: Consider Amending the Comprehensive Zoning Ordinance by amending Section 40 to provide a new definition of family; Amending Section 22-101 (2) (a) to provide for a maximum height of buildings in multiple-family dwelling districts; Amending Section 21-101 (b) to provide a new maximum top plate line height in multiple-family dwelling districts – Persaud B.CONSIDER: Ordinance to Amend the Comprehensive Zoning Ordinance by Amending Section 40 to provide a new definition of family; Amending Section 22-101 (2) (a) to provide for a maximum height of buildings in multiple-family dwelling districts; amending Section 21-101 (b) to provide a new maximum top plate line height in multiple-family dwelling districts – Persaud C.PUBLIC HEARING: Consideration of an Ordinance Approving an Amended detailed site plan for property located at 4301 Lovers Lane – Persaud D.CONSIDER: Ordinance Approving an Amended detailed site plan for property located at 4301 Lovers Lane – Persaud E.CONSIDER: Approval of Ordinance authorizing residents of Greenway Park the same usage rights of residents of University Park – Livingston F.CONSIDER: Proposal from C-P Engineering to provide engineering services associated with the design of an emergency water supply line (Capital Project No. 49000) – Smallwood G.REPORT: Public comments on Water Quality Consumer Confidence – Corder H.CONSIDER: Ordinance establishing No Parking on either side of the street on Lovers Lane from Hillcrest to Boedeker – Smallwood I.CONSIDER: Review status of Germany Park Booster Pumping Station (Capital Project No. 48410) – Smallwood J.CONSIDER: Ordinance extending existing electric franchise – Austin K.CONSIDER: Ordinance Amending FY2007 Budget – Austin L.CONSIDER: Budget transmittal and scheduling of Public Hearings – Austin 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. CITY OF UNIVERSITY PARK ~ OFFICE OF THE MAYOR WHEREAS, September 17,2007 marks the two hundred nineteenth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion, and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOlV, THEREFORE, I, James H. Holmes, III, by virtue of the authority vested in me as Mayor of the City of University Park of University Park, Texas do hereby proclaim the week of September 17 through 23, 2007 as CONSTITUTION WEEK And ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedom guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of University Park to be affixed this first day of August of the year of our Lord two thousand and six. Mayor I' ." ~ 0 ~ ::r' ...... rJJ ~ 0 ~ ~ ~ ~ 0 ~ 1::1 1"""'1" 'J:J ::r' :r:: s~ :r:: 0 - 0 l I--" o -< ~ 1"""'I"(t) ::r'S ~ 'J:J (t) (t) '" ~ 1-'01::1 ~ ~ r (t) 1"""'1" (1) ~ (t) 0 ~ rJ). ~i-o+) (1) ~ ens- ~ 0 (t) (t) ~ ~ ""'l -< \0 (1) ...... I () ~ 0.. (t) I n~ ~ (t) tr:l 0 g S (t) (t) ~ ~ .(JQ (t) 1::1 () Cl '-< ~ tj CD ..... . rJJ ~ ~ () ::r' n (t) 1::1 1"""'1" (t) ~ ~ p:l ~ en ~ o ~ ~ o ::l f'"'"l" =r o f'"'"l"B o -< f'"'"l"O gS ~o o g o 0 ~~ r/J.g. o 0 ~ ...... \0 ('J I (D ~ (j~ (D t'Ij g s (D 0 ~ ~ (JC/ o ::l ('J '< o ...... r:J'J ~ ~ ('J =r (j o ::l f'"'"l" o ~ ~ ~ o ...... ~ ",en ~ ~ "'~ ~ ~ o ""l ti ~ CD ~ o ~ =r ...... r:J'J ~ t 4' ('D r./). ('D :::s f"""f'o. ('D 0- f"""f'o. o ~ ~ ~ rJJ ~ o l-1 =r' ~ l-1 ~ o l-1 ~ o ::s ~ =r' ~ S o~ ~~ gS "'O~ ~ g ~s.. We- l-1 ~ ~. \0 (j I ~ ~ I n~ ~ tTj ~ ~ ~ l-1 (fQ ~ ::s (j ~ V ...... r./"J '"d a (j =r' n ~ ::s ~ ~ l-1 ::c: ::c: o ........ ~ rJJ ~ ~ ~ r ~ ~ o "'i o ~ .....,.. (tl ~ ~ . ~ (D 00 (D ~ f'""'f'" (D ~ f'""'f'" o c...., ~ ~ 'JJ ::I:: ::I:: o I--' ~ 'JJ ~ ~ o * o :::s f""l> ::r' ~ S o~ f""l> ~ g~ ~:::s ~ f""l> ~ 0 ~~ ens. ~ ~ -< \0 ...... I n ~ ~ I n~ ~ m a s ~ ~ l-"'l l-"'l .oq ~ :::s n ~ tj ...... rJ) "'d ~ n ::r' n ~ :::s f""l> ~ l-"'l ~ ~ r ~ ~ o "'1 tj ~ """'" ("tI ~ o l-"'l ::r' ...... rJ) @ ~ ~ ~ (1J rJj (1J =:s M- (1J ~ M- o AGENDA MEMO (08/07/07 AGENDA) DATE: July 31, 2007 TO: Honorable Mayor and Members of the City Council FROM: David Ledbetter, Fire Chief SUBJECT: Acceptance of Bid Proposal #07-05 Fire Department Self-Contained Breathing Air Compressor The Fire Department requests acceptance of bid proposal #07-05 for a Self-Contained Breathing Air Compressor to replace the current unit which was purchased in 1995. The air compressor is used to fill the fire fighter’s self-contained breathing apparatus air bottles with purified air used in fighting fires and entering into contaminated atmospheres unsuitable for life. The Fire Department budgeted $40,000 in account number 01-40-9355 for the purchase of this unit. There were three competitive bids and are as follows: ? Hoyt Breathing Air Products $36,883.00 $4,000.00$32,883.00 Less trade-in for the old unit ? $41,350.00 Panhandle Breathing Air Systems, Inc. ? $41,410.43 Municipal Equipment Services RECOMMENDATION: Staff recommends that Hoyt Breathing Air Products be awarded the low bid of $36,883.00 less the $4,000.00 trade-in value for a total of $32,883.00. AGENDA MEMO (8/7/07 AGENDA) DATE: August 1, 2007 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: Bid No. 07-05, SCBA Compressor Bid #07-05 for the purchase of an SCBA Compressor for the Fire Department was th opened on July 9. This bid was posted on RFP Depot: 428 vendors received e-mail or fax notice about the bid; 27 vendors viewed the bid, and three vendors submitted bids. Hoyt Breathing Air Products submitted the low bid of $36,883.00. Vendors were also invited to provide an offer for a trade-in of the Fire Department’s existing compressor. Hoyt offered a $4000 credit for the trade-in. Following are a memo from Fire Chief David Ledbetter and a bid tabulation. RECOMMENDATION: Staff recommends accepting the bid of Hoyt Breathing Air Products in the net amount of $32,883.00 ($36,883.00 purchase - $4,000 credit for trade-in). 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 AGENDA MEMO (08/07/07AGENDA) DATE: August 1, 2007 TO: Honorable Mayor and Members of the City Council FROM: David Ledbetter, Fire Chief SUBJECT: Approval of Bid #07-06 The Fire Department requests City Council approval of bid number 07-06 for the purchase of personal protective clothing. The Protective Clothing was placed for competitive bidding with three vendors submitting proposals. The proposals were for 15 full sets of protective clothing consisting of pants, coats and suspenders. The three bids are as follows: ? Lion Apparel $28,046.25 ? NAFECO $27,472.50 ? Tactical Gear Now $26,108.40 Although Tactical Gear Now has a lower bid of $1,364.10 than NAFECO, the Fire Department recommends that NAFECO be awarded the bid. NAFECO met the specifications and Tactical Gear Now made exceptions to the specifications. Tactical Gear Now offers a good product that meets the National Fire Protection Association (NFPA) standard for protective clothing. However, in an informal wear test the fire fighters preferred the product offered by NAFECO because of the comfort level and safety features offered by the NAFECO product that also meets the NFPA standards for protective clothing. RECOMMENDATION: Staff recommends that the bid from NAFECO be approved by the City Council in the amount of $27,472.50 ATTACHMENTS: Bid tabulation and Agenda Memorandum from the City Purchasing Agent, Christine Green. AGENDA MEMO (8/7/07 AGENDA) DATE: August 1, 2007 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: Bid No. 07-06, Fire Department Protective Clothing Bid #07-06 for the purchase of Protective Clothing for the Fire Department was opened th on July 9. This bid was posted on RFP Depot: 428 vendors received e-mail or fax notice about the bid; 38 vendors viewed the bid, and three vendors submitted bids. NAFECO submitted the low bid meeting specifications of $27,472.50 for 15 sets of bunker gear (pants, coats, and suspenders). The low bid of Tactical Gear Now, Inc. ($26,108.40) was rejected because the bid took exceptions to the specifications. NAFECO will also extend its contact prices through June 2008 to allow for the purchase of additional sets of bunker gear in the coming year. Following are a memo from Fire Chief David Ledbetter and a bid tabulation. RECOMMENDATION: Staff recommends accepting the bid of NAFECO in the amount of $27,472.50. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 19 AGENDA MEMO (08/07/07 AGENDA) DATE: July 31, 2007 TO: Honorable Mayor and City Council, Bob Livingston, City Manager FROM: David Ledbetter, Fire Chief SUBJECT: Agreement Texas Commission on Environmental Qual i ty The Texas Commission on Environmental Quality (TCEQ) has requested to locate and operate a continuous air monitoring station located at the Northwest Highway water tower by a signed agreement as part of the Department of Homeland Security Bio Watch program. The function of the Bio Watch Program is to detect the release of bio- pathogens into the air, providing warning to the government and public health community of a potential bio-terror event. The City of Dallas Environmental Department will visit the site each day and record the samples taken from the air monitoring equipment as an agent ofTCEQ. The site will be located at the rear of the water tower. TCEQ will pour a 4' X 4' concrete pad and enclose the site with a decorative vinyl chain link cage for security purposes. TCEQ will also supply electricity to the air monitoring equipment by having a separate electric meter installed at the site. There is no cost to the City for the installation of the equipment or responsibility to monitor the site. RECOMMENDATION: The attached agreement has been reviewed by City Attorney Rob Dillard and agrees with staff that the City Manager should be allowed to sign the Agreement with the Texas Commission on Environmental Quality. A TT ACHMENTS: Air Monitoring Site Agreement AIR MONITORING SITE AGREEMENT The City of University Park (hereafter the "Licensor") hereby agrees to permit the Texas Commission on Environmental Quality (hereafter the "Licensee" or the "TCEQ") to locate and operate a continuous air monitoring station on land owned by the Licensor at the University Park Water Tower, 3525 NW Parkway (the "Property"). The term of this Agreement is five years from the date this Agreement is executed, and is renewable for a five-year term thereafter, upon agreement by the TCEQ and the Licensor. 1. Equipment Site Location at the Property (the "Site") University Park Water Tower 2. Air Monitoring Equipment The proposed method of monitoring is with a portable, continuous air-sample collector that is less than two feet by two feet square and approximately five feet tall. The collector will be secured upon a portable four by four foot concrete pad and, if necessary, located within an eight by eight foot chain-link, gated security fence. The collector will also require a nearby 11 O-volt electrical outlet. 3. Provision for Utilities The TCEQ will arrange and pay for fencing, and electrical installation and service. 4. Occupation of the Station The station will normally be unmanned, except for routine operation visits by TCEQ staff, agents or contractors (per Section 5, infra) occurring approximately once a day. 5. Right of Access The TCEQ, its employees, agents (e.g., City of Dallas), and equipment service contractors will have the right of ingress and egress to the property, 24 hours per day/? days a week, at the direction of the Licensor's staff maintaining or in possession of the property, subject to the Licensor's property management policies and practices, and not inconsistent with the Licensor's primary use of the Property and other operations incident thereto. Normal operation of the air-sample collector involves a routine of daily, early morning visits typically lasting no more than 20 minutes. 6. Liability and Indemnity The TCEQ acknowledges that it is not an agent, servant, or employee of the Licensor, and that it is responsible, to the extent provided by law, for its own acts and deeds and for those of its agents, servants or employees during the term of this Agreement. In accordance with the Texas Tort Claims Act, Ch. 101 of the Civil Practice and Remedies Code (Vernon's 2000), the TCEQ will indemnify the Licensor for tort claims arising from the negligent maintenance or operation of the equipment, provided the Legislature appropriates funds to satisfy such claims. However, as restricted by the Texas Constitution, any provision in this Agreement creating a debt against the State is void ab initio. Further, in no way does the foregoing declarations waive the State's sovereign immunity. 7. Restoration of Property The TCEQ shall make reasonable repairs and/or replace any property of the Licensor damaged by the TCEQ's operations conducted at the Site, to the extent funds are made available by the Texas Legislature for such purpose. Upon removal, and at the request of the Licensor, the TCEQ shall restore the Site to the condition it was in prior to the installation of the monitoring equipment, to the extent funds are made available by the Texas Legislature for such purpose. 8. Equipment to Remain the Property of the TCEQ All equipment installed at the Site to support TCEQ's air monitoring operations (whether or not said equipment constitutes a fixture under Texas Property Code) shall remain the property of the TCEQ. 9. Notice of Termination If the Licensor wishes to terminate this Agreement and reclaim possession and use of the Site, the Licensor shall give the TCEQ forty-five (45) days written notice of Termination. Under such circumstances, Licensor shall make a reasonable effort to assist TCEQ in locating an alternative Site in the general vicinity. The TCEQ may also terminate this Agreement upon thirty (30) days written notice to the Licensor. 10. Removal of Equipment Within forty-five (45) days of receiving Notice of Termination of this Agreement, the TCEQ shall remove any equipment placed at the Site pursuant to this Agreement,. 11. Sovereign Immunity The Licensor agrees that by entering this Agreement, TCEQ does not waive the State's sovereign immunity relating to suit, liability, and the payment of damages. The parties agree that all claims, suits, or obligations arising under or related to this Agreement are subject and limited to the availability of funds appropriated by the Texas Legislature for that respective claim, suit, or obligation. 12. Severability The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects the validity of other provisions and the Agreement will continue to be binding on both parties. Any provision that is held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the original provision. 13. Points-of-Contact The following persons shall be the points-of-contact for this agreement; however, this may change as their employment status or duties change: Timothy R Wood TCEQ Air Monitoring Coordinator P.O. Box 13087, MC-165 Austin, TX 78711-3087 Work: 512-239-5553 Email: twood@tceq.state.tx.us John Koller City of Dallas Environmental and Health Services Supervisor of Ambient Air Quality Surveillance 320 East Jefferson Boulevard, LL 13 Dallas, TX 75203 Work: 214-948-4437 Email: john.koller@dallascityhall.com 14. Entire Agreement This Agreement constitutes the entire agreement of the parties as to the subject matter contained herein and may not be changed, modified, discharged, or extended except by written instrument duly executed on behalf of the parties. IN WITNESS WHEREOF, TCEQ and Licensor have signed this Agreement. 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J.eJ:CA.,,~J . . , 1'2.0>} e !edri vo.l c.,:"44:{ .. 19 AGENDA MEMO (08/07/07 AGENDA) DATE: July 27, 2007 TO: Honorable Mayor and City Council Members, Bob Livingston, City Manager FROM: David Ledbetter, Fire Chief SUBJECT: Texas Department of Public Safety Communication Memorandum of Understanding The North Central Texas Council of Governments is requesting all cities to sign a Memorandum of Understanding with the Texas Department of Public Safety to utilize the state-licensed interoperability of mutual-aid radio channels when used by: . Local Government jurisdictions and their associated emergency response agencies . Federal agencies located in Texas and associated emergency response agencies . Private emergency responders who are licensed and eligible to operate on FCC Designated Public Safety Frequencies The Texas of Department of Public Safety holds the FCC licenses for the interoperability channels. The City of University Park Police and Fire Departments are part of the interoperability network therefore signing the Memorandum of Understanding (MOU) allows the departments to operate under the FCC license during emergency conditions. There is some speculation that the FCC may require each city at a later date to be licensed to operate on the radio frequencies according to the North Central Texas Council of Governments. The Police and Fire Departments will further evaluate the necessity of licensure should that occur.. RECOMMENDATION: Staff recommends allowing City Manager Bob Livingston to sign the MOU A TT ACHMENTS: Memorandum of Understanding MEMORANDUM OF UNDERSTANDING Texas Interoperability Channel Plan (TICP) Original issue, April 1 , 2005 Texas Department of Public Safety And (Federal Agency, State, or Local Jurisdiction, Emergency Organization) Purpose This Memorandum of Understanding (MOU) establishes permissions and guidelines for use of interoperability or mutual-aid radio channels by . Local government jurisdictions and their associated emergency response agencies . State agencies in Texas and their associated emergency response organizations . Federal agency local units in Texas and their associated emergency response organizations . Private sector emergency response organizations licensed or otherwise entitled to operate in the Public Safety Pool as defined in Part 90 of the FCC Rules (47CFR subpart B paragraphs 90.15-90.20). It imposes certain protocols, procedures, and obligations upon jurisdictions hereby authorized to use state-licensed radio channels held by the Texas Department of Public Safety (TxDPS). This agreement supersedes the MOU associated with the Immediate Radio Communications Interoperability Plan (IRCIP) of January, 2003. The IRCIP shall continue in force until this agreement is executed by the jurisdiction, or until December 31,2005, whichever comes first. Authority Execution of this agreement by state and local entities is authorized by Texas Government Code Chapter 791 (local governments), Chapter 771 (state agencies), and Texas Government Code Chapter 411.0105 (Public Safety Radio Communications Council). This MOU satisfies Federal Communications Commission Part 90 rules for extending license privileges to others by agreement. Federal agencies are permitted access to interoperability channels as authorized by 47 CFR 2.102 (c) & 2.103 and Part 7.12 of the NTIA Manual. Federal agencies may execute this MOU and shall adhere to the attached guidelines. Applicability This MOU authorizes the use of certain radio frequencies by emergency response organizations as defined by Department of Homeland Security (Office of Domestic Preparedness) and the Governor's Division of Emergency Management. Generally, this includes organizations in the following governmental disciplines: Emergency Management Law Enforcement Fire Service Emergency Medical Services Public Works I Transportation Public Safety Communications Public Health Health Care Hazardous Materials Governmental Administration This MOU authorizes use of state-licensed frequencies for the purpose of coordination between emergency response agencies and resources. Such coordination may occur during interagency operations, en-route travel, or on-incident communications in accordance with an Incident Communications Plan. Background The 77th Legislature, in an effort to provide for effective emergency radio communications by state agencies, called for an Interagency Radio Work Group (IRWG) to develop a state agency communications network. That group developed a preliminary plan that was accepted by the state IRWG and the Sheriffs Association of Texas on March 27, 2001. Subsequently, the IRWG determined that the state agency communications network should be expanded to include all public safety agencies in the state. This was accomplished by IRWG's development of the Immediate Radio Communications Interoperability Plan (IRCIP) of January, 2003. The IRCIP addressed radio communications interoperability between state and local jurisdictions USin9 VHF wideband radio equipment for dispatch, en-route, and on-incident communications. Approximately 300 local government jurisdictions have accepted the IRCIP and submitted an executed Memorandum of Understanding to TxDPS. In response to a Federal Communications Commission requirement for establishment of state/regional advisory committees, the Texas Statewide lnteroperability Executive Committee (TSIEC) was formally established as an advisory committee to TxDPS. The Texas Interoperability Channel Plan, developed by TSIEC and included in this MOU, provides essential guidance for interoperable radio communications using VHF. UHF 700 MHz. and 800 MHz radio equipment for interagency coordination, en-route travel, or on-incident communications. Understandings Texas Department of Public Safety will: . Manage and maintain proper licenses for the use of the interoperability frequencies identified herein. . Manage and maintain an accurate database of federal and state agencies and local government jurisdictions that have accepted and signed this MOU. . Issue updates and revisions to the Texas Interoperability Channel Plan contained herein upon request by the Texas Statewide lnteroperability Executive Committee (TSIEC) and the Executive Director of the Texas Department of Public Safety. Jurisdiction will: . Participate in regional communications planning (generally arranged by regional Council of Governments) that provides for regional radio communications interoperability. . Manage use of the interoperability frequencies by its employees, ensuring compliance with the Texas Interoperabi/ity Channel Plan (T1CP) and federal/state/local laws, ordinances, and rules. . Use the interoperability frequencies authorized hereby for their intended purpose of coordination between emergency response agencies and resources. Such coordination may occur during interagency operations, en-route travel, or on-incident. . Use the interoperability frequencies for operational and en-route communications in accordance with local and regional policies and procedures. . Use the interoperability frequencies for on-incident communications in accordance with the Incident Communications Plan established by the on-scene Incident Commander. . Prioritize use of the interoperability frequencies: o Emergency or urgent operation involving imminent danger to life or property o Disaster or extreme emergency operation requiring extensive interoperability and inter-agency communications. o Special event, generally of a pre-planned nature o Joint training exercises o Inter-agency and enroute communications . Implement radio communications procedures consistent with the National Incident Management System (NIMS) and Incident Command System (ICS) including: o Use "plain language" without 1o-codes or agency-specific codes/jargon. o Use the calling protocol: "Agency-Unit #, this is Agency-Unit #", rather than "Unit # t2. Unit #". Examples: "Bryan EMS 1605, this is Tyler Fire 2102" or "Incident Command, this is DPS 50S" . Ensure that mobile, portable, and temporary base radios intended for use by agency leadership (officers) are configured with the appropriate in-band interoperability frequencies as found in the TCIP. This means that, as a minimum, the interoperable frequencies would be added to the day-to-day frequencies used by that entity. o Texas Law 1: analog wideband VHF coordination channel for mobile-to-mobile use by emergency personnel on a scene or incident o Texas Law 2: analog wideband VHF calling channel for mobile-to-base use by transient or en-route emergency personnel o Texas Law 3: National analog wideband VHF channel for coordination of law enforcement activities o Texas Fire 1, Texas Fire 2, Texas Fire 3, analog wideband VHF frequencies primarily for fire service use or for use as dictated by Incident Commander on incidents o Texas Medical 1, analog wideband VHF frequency primarily for use by EMS agency personnel on incidents o Texas Air 2, analog wideband VHF frequency for air-to-ground use with state or federal aircraft only at direction of Incident Commander on incidents. . Ensure that appropriate interoperability calling channels are monitored by communications operators at dispatch centers identified in a regional communications plan. As an example, monitoring may include, at a minimum: o Texas Law 2, analog wideband VHF calling channel (this channel, formerly designated "Intercity", is implemented at most dispatch points in Texas). This channel should be used until December 31, 2007. o VCALL analog narrowband VHF calling channel, implemented not later than January 1, 2008, in accordance with regional interoperability plans developed by regional Councils of Government. . Ensure that interoperability calling channels are monitored at the Incident Command Post on major incidents requiring significant aid from agencies beyond routine local interoperability. Monitoring shall include one or more of the following: o Texas Law 2, analog wideband VHF calling channel o VCALL, analog narrowband VHF calling channel [implement by January 1, 2006] o UCALL, analog narrowband UHF calling channel [implement by January 1, 2006] o 7CALL, digital narrowband P25 700 MHz calling Channel [implement by January 1, 2008] o 8CALL, analog national calling channel [implement by January 1, 2006] Incident Command Post monitoring may be implemented using cross-band repeaters, communications operator console patching, or VHF/UHF/700/800 MHz fixed or mobile gateway. The parties mutually agree' . Jurisdiction and TxDPS agree that their mutual interests will be furthered by continued coordination between the jurisdiction and the Texas Statewide Interoperability Executive Committee (TSIEC). . Jurisdiction and TxDPS agree that this Memorandum of Understanding may be cancelled at any time, by written notice to the other party, or by subsequent agreements. TICP Incorporated into this MOU The attached Texas Interoperabi/ity Channel Plan (T1CP--Original Issue March 25, 2005) is incorporated into this MOU in its entirety. The TICP may be revised by TSIEC and TxDPS from time to time, and revisions will be provided to Jurisdictions by TxDPS. Should Jurisdiction elect to withdraw from this MOU because of TICP revisions, notice shall be given by mail to Texas Department of Public Safety, Box 4087, attn: RF Unit, Austin TX 78773- 0250. Agreement This Memorandum of Understanding was agreed to this _ day of , 2007. Return two copies of only this signature page to the address below. JURISDICTION Jurisdiction Name: Authorized Signature: Print Name: Title: Jurisdiction Address: Phone: e-mail: Number of mobile, portable, and/or temporary base radios to be operated under DPS licenses: Mobile Portable Temporary Base-Mobile Relay 150 MHz Wideband 150 MHz Narrowband 450 MHz Narrowband 700MHz 800 MHz NPSPAC (This information is required by TxDPS as a condition of its licenses from the FCC.) TEXAS DEPARTMENT OF PUBLIC SAFETY Authorized Signature: For the Executive Director Robert E. Pletcher Program Director, TxDPS RF Unit and Chairman, Texas Statewide lnteroperability Executive Committee 5805 North Lamar Austin, Texas 78773-0250 Telephone 512-424-5307 Robert. Pletcher@txdps.state.tx.us l? AGENDA MEMO (08/07/2007 AGENDA) DATE: July 12,2007 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Park Cities Baptist Church Request to use City Streets for 5K Run Background/Analysis Park Cities Baptist Church has requested permission to use city streets for the purpose of holding a 5K run to be held on Saturday, October 6, 2007. The purpose of the run is to familiarize the community about the Church and to help raise funds for family ministries benefiting the Vickery community of Dallas. The route will remain the same as last year. The route will take the run south on Pickwick from the church to Bryn Mawr and then over to Tulane south to Amherst. It will then run east on Amherst to Turtle Creek and north on Turtle Creek to Villanova. At that point the run will run west back to Pickwick and end at the church. The run will begin at 8:30 a.m. and end at approximately 10:30 a.m. There will be an estimated 200 to 300 runners. The police department, although it has not been asked, will provide one or two police cars to escort the event for safety. Recommendation Staff recommends approval of this event. Attachments: Letter from Rodney Schell, Executive Pastor, Park Cities Baptist Church. Route Map · tITlES SAPllST CHURCH WWW,p.ctu:;.orq July 11, 2007 Mr. Gary W. Adams Police Chief University Park Police Department 3800 University Park University Park TX 75205 Dear Chief Adams, Park Cities Baptist Church (the "Church") is in the planning stage of organizing ~ it's second annual 5K Run and Fun Walk to be held on Saturday, October 6, 2007 The purpose of the run is to familiarize the community about the Church and to Flelp money for family ministries benefiting the Vickery community of Dallas. The race rout;;:; IS preliminarily scheduled to run through residential streets within the City of University Park (the "City') Attached please find a draft of the race route. We anticipate that the race will have 200 - 300 runners, begin at 8:30 a.m. and conclude at approximately 10:30 a.m. We appreciate your consideration of approving this race again through the City. I look fOlward to discussing your questions and comments. Jon and Stephanie Schaeffer are coordinatlnp this year's race for the Church. Jon may be reached at (972) 768-0699 and Stephanie at (972) 849-1281 /..~---) c7<)'~ (,Sr.hv'Vj Rodney Schell Pastor of Ministries Park Cities Baptist Church AGENDA MEMO (08/07/07 AGENDA) DATE: August 1, 2007 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Park Cities Presbyterian Church - Reservation Request BACKGROUND: Staff has received a request from The Park Cities Presbyterian Church to reserve Curtis Park for a picnic event scheduled for September 30, 2007 from 3:00 p.m. until 7:00 p.m. This is an annual event and The Park Cities Presbyterian Church anticipates 450 participants to be in attendance. Staff has worked with this group in the past and to date has had no problems with this group. RECOMMENDATION: In the event that City Council considers approving The Park Cities Presbyterian Church’s request, staff recommends that the following items be considered: The Park Cities Presbyterian Church will pay a Park Usage Fee of ? $500.00 plus a refundable $250.00 security deposit. Deposit must be two (2)weeks received prior to the event. All trash must be consolidated for pick-up at an agreed location. ? ATTACHMENTS: Letter of request from The Covenant School AGENDA MEMO (08/07/07 AGENDA) DATE: August 3, 2007 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Consider Ordinance for Newsrack Regulations at YMCA ITEM: In May 2005, the City passed Ordinance 05/12 regulating the type and location of newsracks throughout Snider Plaza. Subsequently, the City installed modular newsracks in seven locations throughout Snider Plaza. The program was later expanded to include three additional locations along Hillcrest south of Daniel. During the May 22, 2007 City Council meeting, the Council authorized staff to purchase modular newsracks for the YMCA location. The proposed ordinance is a housekeeping item that prohibits the use of independent newsracks in the area adjacent to the YMCA at 6000 Preston. Without the ordinance, publications could still place independent newsracks on the site. RECOMMENDATION: Staff recommends approval of the ordinance. ATTACHMENTS: Ordinance Hillcrest & Asbury (looking east) ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.1205 “LOCATION AND PLACEMENT OF NEWS RACKS” TO ADD SUBSECTION M PROHIBITING NEWS RACKS IN THE YMCA AREA EXCEPT CITY NEWS RACKS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING 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. Chapter 4, Section 4.1205 “Location and Placement of News Racks”, of the Code of Ordinances of the City of University Park is amended in part as follows: “Sec. 4.1205LOCATION AND PLACEMENT OF NEWS RACKS (a) Any news rack which rests in whole or in part upon, or on any portion of a public right-of-way or which projects onto, into, or over any part of a public right-of-way shall be located in accordance with the provisions of this Article: (1) … (4) No news racks shall be placed, installed, used or maintained: (A)… (M) In the 6000 block of Preston Road near the Park Cities YMCA, on Normandy Avenue between Preston Road and Connerly Drive, on Connerly Drive between Normandy Avenue and Shenandoah Street, or on the 4000 block of Shenandoah Street, except a City- owned news rack may be placed on the east side of the sidewalk near the southeast corner of Preston Road and Shenandoah Street. …” SECTION 2 . 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 so declared to be unconstitutional, illegal or invalid. Ord18270 SECTION 3. That all ordinances in conflict with this ordinance or the Code of Ordinances as amended hereby are repealed. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance as amended hereby shall be deemed guilty of a misdemeanor, and subject to a penalty as provided for in this ordinance, and upon conviction shall be punished by fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such violation shall continue shall constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of _______________ 2007. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ KATE SMITH, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD; 7/11/07) 18270 Ord18270 AGENDA MEMO (8/7/07 AGENDA) DATE: August 1, 2007 TO: Honorable Mayor and City Council FROM: Kate Smith, City Secretary/Assistant to the City Manager SUBJECT: Consider Resolution resending Resolution 07-10 approving an exemption from the bilingual requirements of the Texas Election Code BACKGROUND: At the May 1, 2007 meeting, the City Council passed Resolution 07-10 approving an exception from the bilingual requirements of the Texas Election Code, Chapter 272, Bilingual Requirements, Section 272.003[0], as the official census information for the City of University Park indicates that persons of Spanish origin or descent comprise less than five percent (5%) of the city’s precinct inhabitants. On May 3, 2007, a letter was sent to the Department of Justice to officially apply for the exemption. On July 12, 2007, I received a phone call from Ms. Karen Love with the Voting Rights Division of the Department of Justice. She informed me that the Department had reviewed the City’s request, and that Federal Law does not provide for such an exemption, even though Texas State Law does. She said that either an objection to our request would be sent, or, the City could send a letter requesting to withdraw the exemption request. RECOMMENDATION: Since the Department of Justice is not approving exemptions from the bilingual requirements because Federal Law does not provide for such an exemption, staff recommends resending Resolution 07-10 and submission of a withdraw letter to the Department of Justice. ATTACHMENTS: Resolution resending Resolution 07-10 approving an exemption from the bilingual requirements of the Texas Election Code. RESOLUTION NO. _________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, REPEALING RESOLUTION 07-10 APPROVING EXEMPTION FROM THE BILINGUAL REQUIREMENTS OF THE TEXAS ELECTION CODE FOR PRECINCTS OR PARTS OF PRECINCTS WHOLLY WITHIN THE CITY OF UNIVERSITY PARK; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That based upon the 2000 United States Census, excerpts of which are attached hereto as Exhibit “A” and made part hereof for all purposes, which show that 3.1% of the City’s population is of Hispanic or Latino descent, the election precincts or parts thereof wholly within the City of University Park were exempted from the bilingual requirements of the Election Code pursuant to Section 272.003 by Resolution 07-10 on May 1, 2007. SECTION 2. That the City Secretary was authorized and directed by Resolution 07-10 to furnish a copy of the Resolution and the certificate of exemption to the appropriate offices of the United States Department of Justice, did so and was thereafter notified by the Department, through the Civil Rights Division, that the Department would not approve the exemption under the Voting Rights Act. SECTION 3. That Resolution 07-10 is hereby repealed for all purposes. SECTION 4. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS , on the ____ day of ___________ 2007. APPROVED: _______________________________ JAMES H. HOLMES, III, MAYOR ATTEST: _________________________________ KATE SMITH, CITY SECRETARY APPROVED AS TO FORM: _____________________________ CITY ATTORNEY (RLD/8-2-07) 18808 Page 1 AGENDA MEMO (08/07/07 AGENDA) DATE: August 2, 2007 TO: Honorable Mayor and City Council FROM: Jacob Speer, Assistant Director of Public Works SUBJECT: Ordinance Abandoning Water Line Easement in the 3600 and 3700 Blocks of Villanova ITEM: In 1952, W.W. Caruth and SMU dedicated a 15-foot wide water line easement to the Dallas County Preston Road Fresh Water Supply District No. 10. This easement runs through the middle of the properties on the north side of Villanova approximately between Thackery and Baltimore. The Water Supply District No. 10 is no longer in existence and we are not aware of any existing entities that have taken possession of the District’s infrastructure. Furthermore, the City is not aware of an active water line within this easement. While staff does not believe that the City Of University Park has any claim to this easement, an ordinance abandoning any rights the City might have would greatly assist residents in the title process as the affected properties redevelop. RECOMMENDATION: Staff recommends approval of the attached ordinance abandoning any rights the City Of University Park might have to the water line easement dedicated to the Dallas County Preston Road Fresh Water Supply District No. 10 to the abutting property owners. ATTACHMENTS: ? Proposed Ordinance with Exhibits ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A 15 FOOT EASEMENT OR RIGHT-OF-WAY FOR A WATER LINE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, TO THE ABUTTING OWNERS; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Council of the City of University Park, Texas, has determined that a certain water line easement or right-of-way, described in Exhibit “A”, is not needed or necessary for public purposes by the City; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City of University Park hereby abandons and quitclaims, in favor of the abutting owners thereon, the water line easement or right-of-way it has, if any, over all that certain tract or parcel of land more particularly described in Exhibit “A”, which is attached hereto and made a part hereof for all purposes, the same as if fully copied herein, consisting of a fifteen foot (15’) strip of land, more or less, in the City of University Park, Dallas County, Texas. SECTION 2. The rights being abandoned in the property described in Exhibit “A” consist of a 15’ wide water line easement or right-of-way as shown in said Exhibit. SECTION 3. That the City of University Park does not abandon any other interest other than described in Exhibit “A”, but does hereby abandon all of its right, title, or interest in the described water line easement or right-of-way, together with any and all improvements thereon. SECTION 4 . That the City Secretary is directed to prepare a certified copy of this ordinance and furnish the same to the abutting owners, and the recording of this abandonment ordinance in the real property records of Dallas County, Texas, shall serve as a quitclaim deed of the City of University Park of such right, title or interest of the City of University Park in and to such water line easement or right-of-way described in Exhibit “A”. 18813 SECTION 5 . 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 ____day of ______________ 2007. APPROVED: ________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: _________________________ _________________________________ CITY ATTORNEY KATE SMITH, CITY SECRETARY (RLD/mew08-2-07) 18813 EXHIBIT “A” LEGAL DESCRIPTION (Will be available at meeting) 18813 MINUTES #2714 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBER TUESDAY, JULY 3, 2007, 5:00 P.M. Mayor James H. Holmes, III, convened the City Council into an executive session in the conference room at 3:00 p.m. for consultation with the City Attorney regarding a deliberation on real property under Section 551.071 of the Government Code. The executive session was closed at 3:15 p.m. No action was voted on or taken during the meeting. At 3:15 p.m., the Council held a discussion on the Chase Bank Project. Community Development Manager Harry Persaud reviewed the latest revised draft of the PD Conditions for the project. Property owner Albert Huddleston was also in attendance. 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 Kate Smith. AWARDS AND RECOGNITION DEPARTMENT PINS: City Manager Bob Livingston presented Municipal Court Judge Jim Barklow and Police Lt. Gerry Bishop with 20-year pins and Police Office Todd Jenkins with a 15-year pin. Councilmember Carter moved approval of the Consent Agenda. Councilmember Walker seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For June 19, 2007. MAIN AGENDA DISCUSS MATTERS RELATING TO THE LEGACY-HILLCREST ZONING CHANGE INCLUDING BUT NOT LIMITED TO THE DRAFT PD CONDITIONS AND TRAFFIC IMPACT ANALYSES AND PROVIDE DIRECTIONS TO STAFF: In 2001, P&Z denied a request by Legacy Hillcrest Investments for 270,500 sq. ft. of mixed uses on the subject tract. Another request for 290,000 sq. ft. was considered on March 6, 2006. P&Z requested the applicants consider amending that concept plan in view of the strong comments made by residents opposed to the proposed development. The request was amended to 260,000 sq. ft. and P&Z denied that request on April 17, 2006. The applicants then submitted a request for approval of an amended concept plan for 217,500 sq. ft. which was considered by P&Z on July 17, 2006. The City Council held a public hearing on September 19, 2006 and directed staff to hire a traffic engineer to conduct an independent Traffic Impact Analysis (TIA) of the proposed development. The City Council held a work session on April 10, 2007, and discussed the proposed zoning change and received additional information from the applicant. On May 22, 2007, City Council received and discussed the TIA prepared by Mr. Jody Short, P.E, (Lee Engineering) On June 19, 2007 City Council discussed a list of draft PD conditions and received additional information from the traffic engineer regarding the TIA. City Staff then requested additional summary information regarding total daily trips (actual and theoretical) generated by the Chase Bank site. Mr. John Denholm with Lee Engineering presented this information at the meeting. The report included an A.M. Peak Hour Summary and an Off-Peak Hour Summary, but did not include counts at noon. Following the presentation by Mr. Denholm, Mayor Holmes asked the City Council members to each make a statement regarding the Chase Bank project and their analysis or concerns to this point. Mayor Holmes began and said that the Council had reviewed all e-mails and mail received thus far. He stated that his main issue is the size of the project and that the uses that P&Z outlined were clarified for him in the pre-meeting. Mayor Holmes said that he feels it will be a first class development that all University Park residents will be proud of. He expressed his concern regarding what could be done with the site if Albert Huddleston does not develop it. Mayor Holmes closed his remarks and stated that the final decision on size would be made at the August 21, 2007 meeting. Mayor Pro Tempore Shawver was next to comment and stated that he had several meetings with various concerned parties including the Legacy/Hillcrest group of Mr. Preston Phillips, Mr. Art Anderson and Mr. Albert Huddleston and also resident Jim Tubb. Mayor Pro Tempore Shawver thanked all parties for their cordial manner and the way in which they presented themselves. He also said that he appreciates all of the resident correspondence, however, was disappointed in some of the e-mails that he had seen. He stated that he understands there is a lot a lot of emotion, but does not think it serves anyone to make derogatory remarks. Mayor Pro Tempore Shawver closed his remarks and asked either side to consider compromise and that the Council would welcome such ideas. Councilmember Carter followed and congratulated Albert Huddleston and his staff for being so open and said that he had no question that Mr. Huddleston would build a beautiful building. He stated that his main concern is traffic and that whatever size is decided, it will be thoughtfully deliberated. He concluded his statement and said that he would like for this to be a win-win for everyone. Councilmember Grable was next to comment and complimented Albert Huddleston on his desire to create a first class development. Councilmember Grable said that he is concerned about: size, bulk, mass, traffic, uses and how it would fit into the neighborhood. He also remarked that the site is currently under-utilized. He said that whether the City decides to utilize the garage-option is yet to be determined, but that it was nice of Mr. Huddleston to make it available to the City. In his closing remarks, he noted that the library is also an issue in the project. Councilmember Walker was last to comment and complimented the Mayor and his commitment to making sure that everyone is heard. Councilmember Walker said that the Council had heard from all interested groups and that it is the Council’s charge to do was it best for all citizens. She closed by stating that all involved must proceed in the spirit of negotiation. REPORT FROM PUBLIC SAFETY COMMITTEE ON LOVERS LANE SPEED ISSUES: The City Council at its April 17, 2007 meeting, charged the City’s Public Safety Committee with the task of reviewing the issue of speeding complaints on Lovers Lane between Hillcrest and Boedeker. Once the committee completed its review, it was directed to report back to the council its recommendations on the matter. The Public Safety Committee met on May 8, 2007 to discuss the Lovers Lane issues and decided to meet with Mr. Westendorff, who lives on Lovers Lane and has voiced concern over speeds in the area. Chairman of the Public Safety Committee, Robert Boyd was present at the Council Meeting and stated that with one abstention, the Public Safety Committee voted 4 to 2 to recommend the following: 1) Install a third digital speed board at the intersection of Lovers Lane and Willard Street for west bound traffic coming into University Park. As this is in the City of Dallas, the committee requested Public Works Director Bud Smallwood make the arrangements for this installation. 2) Request that the City of Dallas establish No Parking on Lovers Lane between Central Expressway and Boedeker. 3) Install a continuous left turn lane down the entire length of Lovers from Willard Street, in Dallas, to Hillcrest. Staff was at odds on the recommendation of the continuous turn lane, with Public Works opposed and the Police Department in favor. To follow-up this split recommendation, Mr. Smallwood stated that he did not think that it would slow traffic and that it actually might speed it up. Captain Robert Flood responded on behalf of the Police Department and confirmed that they supported all three Public Safety Committee recommendations. Councilmember Carter remarked that the City Council received many e-mails regarding speeding on Lovers Lane and thanked Mr. Boyd and the Public Safety Committee for their work in this issue. Councilmember Walker moved to accept the three recommendations of the Public Safety Advisory Committee and the Police Department and that a continuous left turn lane be installed. Councilmember Carter seconded, and the vote was unanimous to accept the recommendations of the Public Safety Advisory Committee and the Police Department and to install a continuous left turn lane. CONSIDER RESOLUTION SUSPENDING ATMOS ENERGY GRIP REQUEST: On May 31, 2007, Atmos filed it latest Gas Rate Infrastructure Program (GRIP) request to be effective July 30, 2007. Suspension of this request for 45 days (from effective date) will allow University Park and other Atmos Cities Steering Committee (ACSC) to study the request in more detail. A model staff report from Lloyd Gosselink Blevins Rochelle & Townsend, P.C. legal counsel from the ACSC was presented which explained the basis for denying the GRIP request. Councilmember Walker moved approval of the resolution suspending the Atmos Energy GRIP Request. Councilmember Grable seconded, and the vote was unanimous to approve the resolution suspending the Atmos Energy GRIP request. RESOLUTION NO. 07-14 A RESOLUTION BY THE CITY OF UNIVERSITY PARK, TEXAS SUSPENDING THE JULY 30, 2007 EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2006; AUTHORIZING PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT RATEMAKING COSTS; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. PUBLIC COMMENTS ON WATER QUALITY CONSUMER CONFIDENCE REPORT: Each year, municipal water providers are required to mail Consumer Confidence Reports (CCR) to every residence within the community detailing contaminant levels in the potable water system. The City met and/or exceeded all regulatory standards for contaminant levels revealed through water testing samples in 2006. State regulations also require the water provider to offer residents an opportunity to ask questions in open forum regarding the CCR. There were no residents in attendance who wished to comment on the 2006 Water Quality Consumer Confidence Report. CONSIDER CONTRACT FOR TREE TRIMMING AND REMOVAL: Staff opened sealed bids for a tree trimming and removal contract. The purpose of the contract is to support staff in the annual maintenance of trees on public property and support emergency tree service resulting from inclement weather. The low bid received for the annual contract was from Horton Tree Service of Fort Worth and Irving, Texas in the amount of $25,000.00. Mayor Pro Tempore Shawver moved approval of the contract for tree trimming and removal with Horton Tree Service in the amount of $25,000.00. Councilmember Carter seconded, and the vote was unanimous to approve the contract with Horton Tree Service. CONSIDER CANCELLATION OF THE SECOND CITY COUNCIL MEETING IN JULY: Existing City Hall employees will relocate to the City Hall addition and modular building July 13-14. This includes the movement of all computers and equipment which would make it difficult for staff to produce the agenda for the next scheduled meeting on July 17. Mayor Pro Tempore Shawver moved approval of the cancellation of the second City Council meeting in July. Councilmember Grable seconded, and the vote was unanimous to cancel the second City Council meeting in July. ITEMS FROM THE FLOOR Ms. Kitty Holleman, 3939 Marquette, requested that City Council consider moving the library from the Chase Bank site to a separate location. Mr. Rusty Goff, 3552 Milton, asked the City Council if they were in favor of residential on the Chase Bank site. Mayor Holmes replied that this had not been proposed to the City Council (other than the proposed town homes on Haynie) and that the Council would be willing to look at anything. At the close of the meeting, City Manager Bob Livingston requested direction from the City Council regarding if they would like staff to pursue a bond election in November to purchase additional parking spaces in the Chase Bank project. After some discussion, Mayor Holmes indicated that he did not feel a November election would be possible, but that a May election would be. th PASSED AND APPROVED this 7 of August 2007. James H. Holmes, III, Mayor ATTEST: Kate Smith, City Secretary 19 AGENDA MEMO (08/07/2007 AGENDA) DATE: August 7, 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 of the City of University Park, by amending Section 40 to provide a new definition of family; amending Section 22-101 (2) (a) to provide for a maximum height of buildings in multiple-family dwelling districts; amending Section 21-101 (b) to provide a new maximum top plate line height in multiple- family dwelling districts Background/Analysis: Dan Sefko addressed the City Council on June 5, 2007 on issues relating to the definition of Family, maximum building height and maximum plate line heights in the multi family districts. City Council provided direction for staff to proceed to amend the Zoning ordinance. The proposed ordinance deals with three separate issues: 1. The current definition of family provides that any number of individuals living together as a single house keeping unit, in which not more than two individuals are unrelated by blood marriage or adoption. The proposed ordinance amendment will change the definition so that "not more than three (3) individuals are unrelated by blood, marriage, or adoption". 2. The current ordinance provides for a maximum building height of 35 feet in multi-family dwelling districts. In an effort to promote parking below grade, the proposed ordinance will increase the maximum building height to 37 feet. 3. The current ordinance provides for a maximum plate line height of 23' 4" for lot widths less than 70' and 25'4" for lot widths 70'or greater. In an effort to enhance the design of buildings and promote parking below grade, the proposed ordinance will increase the maximum plate line heights by 5 feet. Recommendation Planning and Zoning Commission held a public hearing and considered the proposed ordinance on July 16,2007, and forwarded the following recommendations: (1) Amend the definition of family: P&Z voted 3-2 to deny the proposed amendment to change the definition of "family" from two to three unrelated individuals. The comment was made that the current definition to include "not more than two individuals unrelated by blood, marriage or adoption" should remain in the single family districts but may be changed as it relates to Multi family districts. (2) Amend the maximum building height in the MF districts: P&Z voted 5 - 0 to recommend approval. (3) Amend the maximum plate line heights: P&Z voted 5 - 0 to recommend approval. Attachments: 1. Proposed Ordinance 2. Current Zoning Ordinance provisions 2. Email from Susan Smith relating to the definition of family. 3. Graphic showing the proposed changes to the building height and plate line height in the MF districts. 4. P &Z minutes ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY P ARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 40 TO PROVIDE A NEW DEFINITION OF FAMILY; AMENDING SECTION 22-101 (2) (a) TO PROVIDE FOR A MAXIMUM HEIGHT OF BUILDINGS IN MULTIPLE-FAMILY DWELLING DISTRICTS; AMENDING SECTION 21-101 (b) TO PROVIDE A NEW MAXIMUM TOP PLATE LINE HEIGHTIN MULTIPLE-FAMILY DWELLING 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 40 "General Definitions" of the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended in part by amending the definition of "Family" to read as follows: "Section 40 General Definitions Family means any number of individuals living together as a single housekeeping unit, in which not more than three (3) individuals are unrelated by blood, marriage, or adoption. An individual may be considered a family." " SECTION 2. That Section 21-101 (2) (a) of the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended in part as follows: "22-101 Multiple-Family Dwelling Districts (2) Dimensional Standards (a) In the Multiple-Family Dwelling Districts, the minimum dimensions of lots and yards and the height of buildings shall be as shown in the following table: MF-l MF-2 MF-3 Max. Height (ft.) 37 37 37 " SECTION 3. That Section 21-101 (2) (b) of the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended in part as follows: "22-101 Multiple-Family Dwelling Districts (b) Top Plate Line Height The height from the average natural grade to the top of the top plate line shall be as follows: Lot Width Less than 70' 70' or greater Height 28'4" 30'4" " SECTION 4. All ordinances of the City of University Park III conflict with the provisions of this ordinance are hereby repealed. SECTION 5. 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 6. 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 7. 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. DUL Y PASSED by the City Council of the City of University Park, Texas, on the day of 2007. APPROVED: JAMES H. HOLMES III, MAYOR ATTEST: KATE SMITH, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/06/06/07)( 17326) CURRENT ZONING ORDINANCE: Section 40 General Definitions Family means any number of individuals living together as a single housekeeping unit, in which not more than two (2) individuals are unrelated by blood, marriage or adoption. An individual may be considered a family. Section 22-101 Multiple-Family Dwelling Districts (2) Dimensional Standards a) In the Multiple-Family Dwelling Districts, the minimum dimensions of lots and yards and the height of buildings shall be as shown in accompanying table. Min. Lot Area (s.f.) per unit MF-l 2,400 (a) 60 120 25 Min. Lot Width (ft.) Min. Lot Depth (ft.) Min. Front Yard (ft.) MF-2 1,800 (a) 50 120 25 Min. Side Yard (ft.) Min. Rear Yard (ft.) See (4)(b) below See (4)(c) below Max. Height (ft.) 35 Max. Accessory Structure Height 20 (ft.) 35 20 MF-3 1,200 (a) 50 120 25 35 20 Note: (a) Any detached single-family or duplex dwelling to be constructed within multiple-family districts must meet the minimum lot area requirements prescribed for the SF-4 and D-2 Districts respectively. Section 22-101 Multiple-Family Dwelling Districts (b) Top Plate Line Height The height from the average natural grade to the top of the top plate line shall be as follows: Lot Width Height Less than 70' 23' 4" 70' or greater 25' 4" Lorna Balser From: Sent: To: Subject: Wilson, Susan X [EO] [Susan.Wilson@Embarq.com] Wednesday, June 27,20077:08 PM Lorna Balser One additional time. Please use this copy. June 27, 2007 To: From: Re: Planning and Zoning Board Members Susan Wilson Changing the Definition of Family and Occupancy Standards for University Park I reside at 3312 Westminster and have seen many positive changes in my neighborhood over the past 18 years, specifically the change from rental units to individually owned and occupied homes. We have five dwellings on my block that are rental units. We have an occasional problem where more than two unrelated individuals move into one of the units. The City of University Park officials have been fair and firm in enforcing the law that is currently on the books of the city. The definitions on the books of the City of University Park are provided below: Family means any number of individuals living together as a single housekeeping unit, in which not more than two (2) individuals are unrelated by blood, marriage or adoption. An individual may be considered a family. Family Home means a community-based residential home operated by: (a) the Texas Department of Mental Health and Mental Retardation; (b) a community center organized under Section 3.01, Texas Mental Health and Mental Retardation Act (Article 5547-203, Vernon's Texas Civil Statutes), which provides services to disabled persons; (c) a nonprofit corporation; or (d) an entity certified by the Texas Department of Human Resources as provided under the intermediate care facilities for the mentally retarded program. A family home shall only mean a place where persons who have a physical or mental impairment reside and are cared for. Lodging House means a building where lodging for three (3) or more persons unrelated by blood, marriage or adoption is provided for compensation or by mutual agreement. Multiple-Family Dwelling (Apartment) means any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or place of residence by three (3) or more families living in independent dwelling units. Multiple-family dwelling includes the term condominium dwelling but does not include garage apartments or similar dwelling units in accessory buildings. Boarding House or Rooming House means a building, other than a hotel or motel, where lodging and meals for three (3) or more persons, not related by blood, marriage, or adoption, are provided for compensation and/or other services, reward or privilege. The problem with changing the laws to allow three unrelated people to live in a single family dwelling are several fold: 1. Parking--our street is very narrow and with cars parked on both sides of the street, one oversized vehicle (SUV) is all that can pass between the cars. A fire truck or ambulance would have difficulty reaching an emergency situation using Westminster. 2. More people mean that our parks, sanitation, water, streets, tennis courts, swimming pool, and city services are affected as these are issues that go along with a city with a high population density score. As of the 2000 census, UP's population density was 2,420.8/km2 6,269.2/mi2. These numbers would include all of our city. Please remember, SMU Heights housing is a great deal different than housing north of Lovers Lane. 3. I see no definition of a single family dwelling on the books of University Park, however, if you allow three unrelated people to live in a single family dwelling, then the definition for many homes in SMU Heights using the current definition would become Lodging House. 4. Another concern is the conversion of single family dwellings into rental property. With three or more persons per unit, area houses could have more value as commercial property than they do as single-family owner occupied homes. The predominant issue for discussion at the Planning and Zoning meeting that will be held on July 16 at City Hall at 5:00 p.m. is the definition of a family for our city zoning purposes. At no time should our city be in conflict with the laws of the United States, and the Supreme Court is investigating the definition of a family. Until their decision is final, I recommend we leave the standards as is. It has served our city well for many years. I have no issue with allowing three un-related persons to live in multi-family units that have three bedrooms and off street parking spaces for 3 or more cars per unit, however, if any newly adopted standards would be applied to single family residences, I am opposed to changing our existing definitions. Thank you for your consideration, Susan M. Wilson 3312 Westminster Dallas, Texas 75205 214-363-6261 2 City of University Park Multi" Family Height Regulations Section 12., 700 Existing t 10' t L Max. Height 35' all Lot Widths Structure t Max. Plate Height 23'-4" or 25'-4" Natural Grade Proposed 5'tL I Max. Height 35' all Lot Widths Structure Max. Plate Height 28'.4" or 30'-4" 5' Natural Grade : Underground Pkg. Option : ................ 5' ~.. ............................................~....... '-- Maximum Slope 6% PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES July 16,2007 The Planning and Zoning Commission of the City of University Park met on Monday, July 16,2007 at 5:10 P.M. in the City Hall Modular Building, 3800 University Blvd., University Park, Texas. The following are minutes of that meeting. Commission Members Attending Robert H. West - Chairman Reed Shawver, III Randy Biddle Bill Foose Doug Roach Staff Members Attending Harry Persaud - Community Dev. Mgr Lorna Balser - Planning Assistant Rob Dillard, City Attorney 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. PZ 07-011: Hold a public hearing and consider 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 40 to provide a new definition of family; amending Section 22-101 (2) (a) to provide for a maximum height of buildings in multiple- family dwelling districts; amending Section 21-101 (b) to provide a new maximum top plate line height in multiple-family dwelling 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. Harry Persaud first reviewed the purpose of the amendment to the zoning ordinance which addresses the definition of family. Dan Sefko, consultant for the city was introduced and addressed the current definition of "Family" and keeping with the mainstream of what other towns are doing to address the issue. Mr. Sefko recommended allowing "3" unrelated individuals to occupy one dwelling unit but to later define it more closely by looking at what a "functional family unit" is. Secondly, the proposal for changing the maximum building height and plate line height in the Multi-Family districts was reviewed through a PowerPoint presentation. Bob West asked for those in favor or opposition to come forward to the podium. Ms. Susan Wilson who resides at 3312 Westminster came forward to address the committee. She stated a concern for those homes in single family districts which have parking issues. She presented pictures to document the problem. Ms. Wilson noted that there is no definition of a "single family" in the University Parking zoning ordinance. The U.S. Supreme Court is investigating this important issue and therefore she recommended for the committee to leave the ordinance as it presently exists with "2". Bob West asked if there is a particular Supreme Court case which is being investigated. Susan Wilson stated that it deals with gay people and clarification of "family". Mr. James Gamer who resides at 3120 Milton came forward to address the committee. He is a former member of the Dallas Planning & Zoning and questioned the definition of "family" in Multi-Family districts vs. Single Family districts. He advised the city that that SMU only offers housing to 7% of the students after their freshman year. By allowing more students per unit, parents of the students have to pay less rent. Mr. Gamer stated though that University Park is primarily a single-family city. He concluded that he likes UP like it is. He suggested the change in the multi-family districts provided that the parking works with the change. Luanne Sills who resides at 3328 Westminster came forward and stated that she has 3 girls who live next door and there is an ongoing problem with parking. Ed Merritt who resides at 3524 Asbury came forward to speak and asked that there be clarification to the application and asked that it not apply to the SF-A districts. He is opposed to the change of"3". Jerry Jordan who resides at 3624 Hanover stated that a change in the definition of family would change the ambiance and nature of University Park's neighborhoods as it relates to the neighborhood structure. He stated that the city has received a bunch of complaints but that it does not mean that the city needs to change the zoning ordinance. He asked that the P&Z members remain responsible to themselves for their vote. Bob West closed the public hearing and asked for discussion from members of the Commission. Doug Roach stated that he was not opposed and does not find 3 unrelated people living together out of the ordinary. Bill Foose stated that the real problem with the proposed ordinance lies in the Multi- Family districts. Rob Dillard added that the reality of what is happening in UP and all around the city has left the definition outdated by the facts of life. He stated that there has not been much of a problem within the single-family districts because of the cost of the homes. It was also noted by Rob Dillard that the current definition was put into effect in the 1960' s before kids had cars. Bill Foose stated that he felt that the item needed further studies done. He said that UP is not a college town. 2 Randy Biddle stated that the commission should first deal with the subject of building height and plate line height. Bob West consulted with Rob Dillard as to whether or not Planning & Zoning could separate the items in PZ-07-011. Rob Dillard stated that it could be split up and that they could vote on the items one at a time. There was much discussion among the members as to how to go about doing the split. Bill Foose made the motion for denial of the zoning ordinance amendment relating to the definition of family with the comment that the proposed amendment only applies to the multi-family districts and to leave the current definition to apply to single-family districts. Randy Biddle seconded the motion and the motion was passed 3-2 with Doug Roach and Reed Shawver opposing. Randy Biddle made a motion to approve the 2nd portion of the amendment concerning building height in multi-family districts. Bill Foose seconded the motion and the motion was passed with a 5-0 vote. Bill Foose made a motion to approve the 3rd portion of the amendment concerning plate line height in multi-family districts. Randy Biddle seconded the motion and the motion was passed with a 5-0 vote. 3 19 AGENDA MEMO (08/07/2007 AGENDA) DATE: August 7, 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 detailed site plan for property located at 4301 Lovers Lane, in the City of University Park. Background/Analysis: A request has been filed by Marc Jennings, representing Century Bank for approval of an amended detailed site plan for a proposed banking facility with drive thru lanes to be located at 4301 Lovers Lane and situated in Planned Development District "PD-2-R". Planned Development District "PD-2-R' allows for all uses permitted in the General Retail "GR" Zoning District classification in accordance with the Comprehensive Zoning Ordinance. "Drive-in facilities for a bank or savings and loan" is a permitted use in the General Retail district. The subject site measures 120.5 ft by 100 ft and it is situated on the Southwest Corner of Lovers Lane and Douglas A venue. Century Bank is proposing to demolish the existing building now used by Gordo's Restaurant and to erect a new 3,051 sq. ft. building with drive thru lanes. A traffic impact analysis conducted by the applicants show minimal impacts to the current traffic operating levels of service. Recommendation Planning and Zoning Commission held a public hearing and considered the amended detailed site plan at its regular meeting on July 16, 2007, and voted 5 - 0 to recommend approval. Attachments: 1. Ordinance approving Detailed Site Plan 2. PD application and supporting documents 3. Responses from Property owners 4. P&Z minutes DATE: TO: FROM: RE: APPLICANT: LOCATION: REQUEST: EXISTING ZONING: SURROUNDING LAND USE: STAFF COMMENTS: City Council Report August 7, 2007 Mayor and City Council Harry Persaud, Community Development Manager PZ-07-010 GENERAL INFORMATION Marc Jennings, Representing LL Douglas LP A tract ofland 120.5 ft by 100 ft. situated at 4301 Lovers Lane, the same being Lot 16-17, Block 19, Highland Park High School Addition, being an Addition of the City of University Park, Dallas County, Texas. Requesting approval of a PD Detailed Site Plan. Planned Development District "PD-2-R" North: PD-2-R (Retail) South: Single family SF -4 East : PD-17 HPISD West: PD-2-R Retail The request is to amend the detailed site plan for Planned Development District PD-2-R, to provide for a banking facility with drive thru lanes at 4301 Lovers Lane and located on the South side of Lovers Lane, West of Douglas Avenue. The subject tract is zoned Planned Development District "PD-2-R" and a banking facility is a permitted use in accordance with the comprehensive zoning ordinance of the City of University Park. The detailed site plan must comply with Section 17 "Planned Development District" (PD), of the University Park Zoning Ordinance which sets forth all requirements. Parking requirements in PD-2-R is 1 space per 300 sq. ft. of gross floor area. The proposed building area of 3,051 sq. ft. requires 10 parking spaces and 10 spaces have been provided on the site plan. The proposed site plan shows one driveway on Lovers Lane and another driveway on Douglas Avenue. Traffic accessing the drive thru lanes will exit on Douglas Avenue. The Alleyway located south of and abutting the site will not be used by the proposed bank. The applicant will install curb and landscaping improvements along the frontage of the subject site on Lovers Lane and Douglas Avenue as shown on the site plan. The traffic engineer who was hired to conduct the traffic impact analysis, representing the applicant will attend the meeting on August 7, 2007 to answer questions. 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 June 28, and July 19,2007. RESPONSES: Responses received from three property owners opposing the proposed Detailed Site Plan are attached. ATTACHMENTS: 1. Ordinance approving Detailed Site Plan 2. PD application and supporting documents 3. Responses from Property owners 4. P&Z minutes ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, BY APPROVING AN AMENDED SITE PLAN FOR A PORTION OF PLANNED DEVELOPMENT DISTRICT NO. 2-R FOR THE PROPERTY DESCRIBED AS THE EASTERN 35 FEET OF LOT 16, AND ALL OF LOT 17, BLOCK 19, OF THE HIGHLAND PARK HIGH SCHOOL ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 4301 LOVERS LANE; 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 should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY P ARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, is amended by approval of an amended site plan for a portion of Planned Development District No. 2-R for the property being described as the Eastern 35 feet of Lot 16 and all of Lot 17, Block 19, of the Highland Park High School Addition, an Addition to the City of University Park, Dallas County, Texas, and more commonly known as 4301 Lovers Lane. SECTION 2. That the amended detailed site plan setting forth the authorized land use for the property is attached hereto as Exhibit "A" 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. 2-R 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. 2-R, and the Comprehensive Zoning Ordinance of the City of University Park, as heretofore amended and as amended hereby; B. Except as previously amended and as amended hereby, the special conditions of PD 2-R 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 _ day of 2007. APPROVED: JAMES H. HOLMES III, MAYOR ATTEST: KATE SMITH, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/7-17-07) en I 1111111111 ! II II! l~ ~ ~(') ..1 HI I., II' 'I'~~ "1' 8 ~; 11 Qo ~il pe I~ ~~Il ,.. i W ~ p.; I P en IH ,- Ii .1 .. iii d ~ . S' -. II Ii ~. II; 51; s II" l; III'~~ 5 li~ I i it llh ;11 . I~ I d II !S ,0 Ii l~I' · If 11II alA Ii! ! Ii IIII ! i . c C At li~J il: ! ~ II" 'as! oct [I' I I ~l I 5 ! I L i in, I Ii Co cl!1 ii i,' I ~ I q I q-' tI I' pi~ it q 11.111 " t I ~ ~ I, ;; II IIIC;! i I! ~.I... , 'x "I · :: Iclh i II IIHi 'I ;tl II II 'rill, 1 !! 1,~iJ! I.~! I .'~ "II: ,-. ~ 1: 'tI CS,.... o ~ ~ oQ~ ~:< ~<~ :t>~ \:oi'ii l>", ","r:: !'>il1~ O~CIJ "':z:.... g~~t::lC\~ ~~~~~~o :-<:;tI]-< rtiQ""4 :..~). 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I '"'t- '\ '(' I .: .. :.....-... ,...r .i!.4r"l " ....... -~~i'i~n ~I: i!: J.~~ ',: ~II.' !', 'I I: ~ Ii; ~5;:.:J! r ;;1 n~ ~::'::._ ~~ J ." \l'.:l l*"wl",~ i I ~ ~g ~ i~ . ~~ ':~" 'I: , , t'J ,J L __ . __ II ~I ~~ . h 'f' ~~ I. ~, ~ ". ,.... ;!b Ii II 'I I ~ (I ~I " ._- i~ ~': ex'.' . l. -I n J lY RECE1VED ,M'R 2 -t 2007 ~ty of University Park, Texas BuRding Department Application Phone Zl4-987-54Z3*Fax 214-987-5429 Please cheek the appropriate box (1) below to indicate the type of aetJon you are requesting: o Amending Pial 0 Specific Use Permit 0 Planned Development - Development Plan o },teplat IR"Zoning Change Request 0 Planned Development - Concept Plan o Final Plat 0 Planned Development - Detailed Site Plan PLEASE NOTE: **A land use statement is required for aU zoning change rcqueltl, development plan/concept plan/detailed site ptan reviews, lII1d specific 1ISO permits. PLEASE COMPLETE PA.GE 21'OR masE ITEMS.. SITE INFORMA110N. Address (Location): 04~1 w~ ~. Submittal Date: ~1. ~1 Is there a prevIous project assocIated ",lIh this addn:ssllocation? DYES mf'o . atif . t.~ · tJJ67 If yes, what type of ' Existing Zoning: . Proposed Zoains: Lots: Existing Use: Proposed U$e: Legal Deacdption of Subject Property (attach separate sheet If necessary) :3 APPLICAl'IT INFORMATION . AppUalnt Name: /v\A~ :.rC::~\>>Q~ Company "'?:r 'D~I~JJ, PL.t,C!- . Addtes,A?AV (?l~ ~. City..J)A UAS State -&K: Zip 7121..'/.,;'1 Pbo~. z.l ~l'" ~. 1Zl4 BmaJI~A.-a~~c/U;I4'U~I~o~.~l~ Property Owner (ltdlft'erent from~m- 1..L. 'Dco& L.A'~ L.'P Address ~:5ff~ L~. Cit)'~u..4S State ~ Zip, '77#? Phone Z~.~~.44'1'1--Fu~l ~IA CelJ ~fA Key Contact; C::~ ';'VA: · Phone '0i'\Ii ~_ . _ A~VE.. Email (Sip and PrInt or Type Name). tJ IJIA Cell NI-4 f~~ n . e'r' for OWne~, 1.1,; DdugTas l.....p.. (Letter of IUtbonzatioa requJRCI if .I~ is OIlIer dWIlhc P"'perty OWIIel) . Known co me to be lhc penon whole DlI1IIl is I~"bed to dac abOVe and fore&olna insaru execuced Ihe lame for <<he PUqlOSCI and ~clcnriOll exprased aq:IlD !he capacl1y Iherela Givea undfJ' my hand and aea.l1t of11c:e on ~arCh .20 07. . (For.!{:::~) -X. ~P.IIbJ~:' 1 waive Ihe ItatUt~ time limits In lICCOIdaace with Secdon 2J2.009 otthc TexIS Local 0<MlmmeJu Code. Signature: ~ \A DIlle: )1.\[.4 Nancy K. IdeU =--~= OIftce Use Only: ToW PaId: PaY" Method: F<<: Ctedit: Accepted By: PAGE 2 UND USE STATEMENT: FOR.ALL ZONING afANGE REQUFSl'S, DEVEWPMENT PIAN/CONCEPT PLAN/DETAlLED SITE PIAN REVIEWS AND SPECJnC USE PERMITS. PLEASE PROVIDE SPECIFIC DETAILS OF THE PROPOSED PROJECl'. ~:ter APPLICANT: Wa!. ~}J~l~~S ADDRESS: 4~( (..JJ~ L~. ~f- ~ 1)ES.'i~ ~Nt> (~~rAT~: .-r+US ~ C)F "'tHl5 "Z'.ON1~ c.u.4~E. '~tJE.ST IS A c.u.bs~c;:. D~ (}~~ Ffe.l).AA. IZ.E$TAUlUktr"if) &A.}J'I!.I~ ~AClUTJ' ~~~)'?~IO'~ ~~f~r~":d~~~ ':;'~~~I~' 1'7. 2 Kelly" Asaadates COn.uKlo, Engineers 3690 letTerson Drive Frisco Texas 75034-6360 Ph. (214) 697.1328 ~u (972) 668-7884 July 3, 2007 Mr. Marc Jennings 3J Design, PLLC 4246 Ridge Road Dallas, TX 75229 Subject: Traffic Impact Analysis - Bank Facility at Lovers Lane & Douglas Avenue, University Park, Texas Dear Mr. Jennings: In response to your recent inquiry concerning the requirements for, and impacts of, the reconfiguration of the proposed drive-in window and vehicle queuing space for the subject bank facility, I have reviewed the layout information and my comments and conclusions are provided in the following paragraph. With the new configuration, a queue of up to four vehicles in each lane can be accommodated in the off-street driveway and window service space. A recent queuing count at the Bank of America facility located at Hillcrest and Rankin indicated that no more than 4 vehicles were observed in the single drive-in widow lane at any time during the P,M. peak traffic period on a Friday afternoon, normally the heaviest drive-in bank window usage period of the week. It was also observed that this only occurred three times during the P. M. peak hour and each occurrence never lasted for more than one minute. Based upon the above information, it is my opinion that the anticipated vehicle queuing in the drive-in windows at the subject facility can be accommodated on site. The only issue is the potential blockage of the Lovers Lane driveway to walk-in bank customers entering or exiting the site, in their vehicles. to park and enter the building during the limited periods of maximum usage. However, because of the additional driveway access on Douglas Avenue, there is alternative access to this on-site parking. Please do not hesitate to call me if you have any questions or need additional information. Sincerely, ~Jf.>>t Rod Kelly, P.E. 1 . CITY COUNCIL UNIVERSITY PARK, TEXAS PUBLIC HEARING NOTICE AUGUST 7,2007 The City Council of the City of University Park will conduct a public hearing on Tuesday August 7, 2007 at 5:00 P.M. in the City Hall Modular Building, 3800 University Blvd., University Park, Texas. Consideration will be given to the fol- lowing Items: PZ 07.010: Hold a public hearing and consideration of an ordinance approv- . Ing a detailed site plan for Planned Development District PD-2-R, to provide for a banking facility with drive thru lanes at 4301 Lovers Lane and located on the South side of Lovers Lane, West of Douglas Avenue. The subject tract Is zoned PD-2.R and owned by L.L. Douglas, lP. PZ 07.011: Hold a public hearing and consl~ratlon ofian Ordinance of the : I: City of UnMltslty Park, Texas.' amending the comprehensIVe zoning ordinance of the City of University Park, as heretofore amended, by amending Section 40 i to provide a definition of family; amending Section 22-101 (2) (a) to'provide for a maximum height of buildings in multiple-family dwelll~ districts; amending Section 21-101 (b) to provide a maximum top plate line height In multiple-faml~ , Iy.dwell/ng districts; providing for the repeal of all ordinances In conflict; provid- ing a severability clause; provtdlng fora penalty' of fine not to exceed the sum of two thousand dollars ($2,000.00) for each offen$8; and providing an effective date.' . . ~:07.19.07 ...._.. Ii~ LC~(II No(;( (' CITY COUNCIL UNIVERSITY PARK, TEXAS PUBLIC HEARING NOTICE AUGUST 7, 2007 The City Council of the City of University Park will conduct a public hearing on Tuesday August 7, 2007 at 5:00 P.M. In the City Hall Modular Building, 3800 University Blvd., University Park, Texas. Consideration will be given to the fol- lowing items: PZ 07.010: Hold a public hearing and consideration of an ordinance approv- ing a detailed site plan for Planned Development District PD-2-R, to provide for a banking facility with drive thru lanes at 4301 Lovers Lane and located on the South side of. Lovers Lane, West of Douglas Avenue. The subject tract Is zoned PO-2.R and owned by L.L. Douglas, LP. PZ 07.011: Hold a public hearing and consideration of 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 40 to provide a definition of family; amending Section 22-101 (2) (a) to provide for a maximum height 01 buildings In multiple-family dwelling districts; amending Section 21-101 (b) to provide a maximum top plate line height in multiple-fami- ly.dwelllng districts; providing for the repeal of all ordinances in conflict; provid- ing 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. Publilllt: 07.19.07 RECEIVED METZGER & McDONALD PLLC (formerly Pra2er, MetzKer & Kroemer PLLC) A PItOPESSlbNAL LIMITET> LIABILITY COMPANY A nORNEYS, MEDIATORS" COUNSELORS f" '., ')('0-1 . .L r" 1..,,1.J STEVEN C. METZGER DIRECT DIAL 214.740-5030 SMETZGER@PMKLAW.COM 3626 N. HALL STREET, SUITE 800 DALLAS, TEXAS 75219.5133 214-969- 7600 WWW.PMXLAW.COM FACSIMILE 214.523.3838 214-969-7635 July 13,2007 Via Hand Delivery Lorna Balser Planning Assistant City of University Park Building and Zoning Department 3800 University Blvd, Dallas, Texas 75205 Re: Case No. PZ07-010, City of University Planning and Zoning Commission Scheduled for July 16, 2007 at 5:00 p.m. Dear Ms. Balser: On behalf of Park Cities Bank, the owner of 4301 Lovers Lane, University Park, Texas 75225, we are delivering with this letter Park Cities Bank's opposition to the request of LL Douglas LP to amend PD-2-R. Park Cities Bank has owned the property at 4301 Lovers Lane for several months and is of the opinion that drive through lanes at 4301 Lovers Lane for a banking facility will create significant traffic congestion on both Douglas Avenue and Lovers Lane. For that reason, as well as other reasons, Park Cities Bank opposes any request to amend PD-2.R or provide for any drive through lanes which might ingress or egress on Douglas Avenue or Lovers Lane, Please note this opposition in the packet to the Planning and Zoning Commission prior its scheduled hearing on July 16, 2007. SCM/jel Enclosure O:101\sCMIParkCilie,IP&Z-Vnivenil)' Pult 7-1~-07(j.I).wpd .I J '. . j. L:):) 7 i' ~ 5 J:~' Pa.rk C;; n 5';"~Yj!.( .~bil( \: .2:6 2 19 RECEIVED . '.:1 : ,-' Z~~I NOTICE OF PL"BUC lmARlNG CASE' PZ07..o10 The City of Univers.lt)' Parlt Plalloina and ZoniD, Commission has sc:bf'duled a public hearing to consider a request by Mark Jennings, representing U Douglas LP 10 tmend [}Ie detailed site plan for Planned Development Diatria PD.2.R, to Illo\ide tor. banking facility. with dri\'e duu lues at 4301 Lo\'ers Lane which is located OD tbb Sourh side of Lovers Lane. West of Douglas A ven~. The subject tract Is currcmly ;wned as a PlRMed ~\-e1opment Diltrict PD-2.R in aecordance with Ule comprebensive zoning Ordinance" The public hcariDg will start &I S:OO p,m. on JuJy 16. 2007,10 me Cit)' !till Modular BuiJdiJ:lj located at 3800 University BoQJevard, Univcni1y Put, Texas 15205. Intersrecs Pla!ec are invited to attend the he.vfag and spea to !'.he Comllli$l.ioo. If'YOU have aD)' questions ptttafnlrll to tbis case please caU 214- 987.5423. Jf )'011 would like to re.pOnd, please C(lmpJet.e tbi5 ronn 8IId rerum it prior to the date ot the public br.aring, Your .~cply DI&)' be SeJU by mail at haud .tcUvered to: Lorna Balser, Planning AssiSTant, City ofUmVenity Park, BuildhIs ud Zol1iDa Depllltment, 3800 University Boulcwrd, TexlU 75205, ..PJeue Type or Use Black 1Dk. (Circle one) IN FAVOR c<rPPOsED') UNDECIDED Name: (Please Priur) Park C94 ~ BY:~ ~ Signature: Address: Ga Plemmons Executive Vice President and Chief Financial Officer 4300 Lovers Lane University Park, Texas 75225 Conunents: As the owner of 4300 Lovers Lane, drive through lanes at 4301 Lovers Lane will create significant traffic request to amend the existing PD-2-R covering 4301 Lovers Lane ~onge8t:~OU on uoug.Las Avenue ana !Jovers !Jane. ClIe OPpose the ZouJng Change and Amendment Process A request for a zooiDg chanae follows a two-step. proem dealgned to provide opportunities for citizen Involvement and COIIUDel1t. The firAt step foUowins tile submissioD of an appJicar10n for a ZOPi"i change 1& to schedule a public heariag before the Pl8l1Z1ing and ZoI2i4g Commfssioll. Lindowners within two bundred (200) feet of 1be subject site are JIOtified of the Plaftoing B!ld ZooiD! Commission pgbUc hearing. They are pro\lided this r~'POASe sheet aDd are invited to attend Ihe public n.ial to express their IUppon or opposition to the 1'eQUC6t. Second, the request is fOlWarded. to lhe City ('..\)Quell for final acdoa foJIOMnI 4 recommel1datioa from the Plaaning and Zoning Commission, 11 me owae.r(s) of more chaD lwell1y percent of the laad area wJdtin two hundred feet of che site submlt(s) Written opposldon, thca . three.fOllnhs vote of aIllho e1igibJe mernben of the City Council Is requbed to approve the zoning thang&. 'Ibae forms are used to caJculaze the pel'Ce<<Itage of the ptOpQ1y in OPpo6irioD. NOTE: Site plaJas or zoning detaU.s proposed by the appllcut, may change before or during . public hea.rtna and after tII.i5 nodce. Howenr, thae eqes muat be minor aad more reetric:tlve. If they are not minor and more l'eIItricUvt, another DOdce Inust be malle, 19 RECEIVED IUl. I : 2007 NOTICE OF PUBLIC HEARING CASE # PZ07.010 The City of University Park Planning and Zoning Commission has scheduled a public hearing to consider a request by Mark Jennings, representing LL Douglas LP to amend the detailed site plan for Planned Development District PD-2-R, to provide for a banking facility with drive thru lanes at 4301 Lovers Lane which is located on the South side of Lovers Lane, West of Douglas A venue. The subject tract is currently zoned as a Planned Development District PD-2-R in accorullnce with the comprehensive zoning Ordinance. The public hearing will start at 5:00 p.m. on July 16,2007, in the City Hall Modular Building located at 3800 University Boulevard, University Park, Texas 75205. Interested parties are invited to attend the hearing and speak to the Commission. If you have any questions pertaining to this case please call 214- 987-5423. If you would like to respond. please complete this fonn and return it prior to the date of the public hearing. Your reply may be sent by mail or hand delivered to: Lorna Balser, Planning Assistant, City of University Park, Building and Zoning Department, 3800 University Boulevard, Texas 75205. "'*Please Type or Use Black Ink. (Circle one) IN FAVOR Name: (Please Print) ~POSE~ :SaAN E.. ~r-n tT')-l :;~~ LI z. 3 z.. L 0'1 ~ i-A7VE- --:D~U~ \)G 7SO\~ - ; IV do- 0 c..J"l. '""'7"1(, f+p P1' c- 1= t-uv.,J Con c...G..Al..n.S Pr1-tU.~"j It- ~A1U\, ON ~(l.t') t.R... C~u~ c..J~ ~ ') UNDECIDED Signature: Address: Comments: Zoning Change and Amendment Process A request for a zoning change follows a two-step process designed to provide opportunltles for citizen involvement and comment. The first step following the submission of an application for a zoning change is to schedule a public hearing before the Planning and Zoning Commission. Landowners within two hundred (200) feet of the subject site are notified of the Planning and Zoning Commission public hearing. They are provided this response sheet and are invited to attend the public hearing to express their support or opposition to the request. Second, the request is forwarded to the City Council for final action following a recommendation from the Planning and Zoning Commission. If the owner(s) of more than twenty percent of the land area within two hundred feet of the site submit(s) written opposition, then a three-fourths vote of all the eligible members of the City Council is required to approve the zoning change. These forms are used to calculate the percentage of the property in opposition. NOTE: Site plans or zoning details proposed by the applicant, may change before or during a public hearing and after this notice, However, these changes must be minor and more restrictive, If they are not minor and more restrictive. another notice must be made, 19 NOTICE OF PUBLIC HEARING CASE # PZ07-010 The City of University Park Planning and Zoning Commission has scheduled a public hearing to consider a request by Mark Jennings, representing LL Douglas LP to amend the detailed site plan for Planned Development District PD-2-R, to provide for a banking facility with drive thru lanes at 4301 Lovers Lane which is located on the South side of Lovers Lane. West of Douglas A venue. The subject tract is currently zoned as a Planned Development District PD-2-R in accordance with the comprehensive zoning Ordinance. The public hearing will start at 5:00 p.m. on July 16,2007, in the City Ha]] Modular Building located at 3800 University Boulevard, University Park, Texas 75205. Interested parties are invited to attend the hearing and speak to the Commission. If you have any questions pertaining to this case please call 214- 987-5423. If you would like to respond, please complete this fonn and return it prior to the date of the public hearing. Your reply may be sent by mail or hand delivered to: Lorna Balser, Planning Assistant, City of University Park, Building and Zoning Dep 00 University Boulevard, Texas 75205. ..Please Type or Use Black Ink. (Circle one) IN FAVOR OPPOSED UNDECIDED _. Y II- R. c... y Name: (Please Print) 'Th. ^' Y It- Signature: Address: I~a... 1)a)uf.~ f~ 11 f) t-l ye.1t -Ll~.l)..IL.'11 GQ~ 0170s t:.,V ) 7S~OS.- Comments: Zoning Change and Amendment Process A request for a zoning change follows a two-step process designed to provide opportunities for citizen involvement and comment. The first step following the submission of an application for a zoning change is to schedule a public hearing before the Planning and Zoning Commission. Landowners within two hundred (200) feet of the subject site are notified of the Planning and Zoning Commission public hearing, They are provided this response sheet and are invited to attend the public hearing to express their support or opposition to the request. Second, the request is forwarded to the City Council for final action following a recommendation from the Planning and Zoning Commission. If the owner(s) of more than twenty percent of the land area within two hundred feet of the site submit(s) written opposition, then a three-fourths vote of all the eligible members of the City Council is required to approve the zoning change, These forms are used to calculate the percentage of the property in opposition. NOTE: Site plans or zoning details proposed by the applicant, may change before or during a public hearing and after this notice. However, these changes must be minor and more restrictive, IT they are not minor and more restrictive, another notice must be made, PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES July 16,2007 The Planning and Zoning Commission of the City of University Park met on Monday, July 16, 2007 at 5:10 P.M. in the City Hall Modular Building, 3800 University Blvd., University Park, Texas, The following are minutes of that meeting. Commission Members Attending Robert H. West - Chairman Reed Shawver, III Randy Biddle Bill Foose Doug Roach Staff Members Attending Harry Persaud - Community Dev. Mgr Lorna Balser - Planning Assistant Rob Dillard, City Attorney Absent Members Jerry Jordan Bea Humann Ed Freeman Mr. West opened the meeting, welcomed everyone in attendance and then read the specifics of the first case. PZ 07-010: Hold a public hearing and consider a request by Marc Jennings, representing LL Douglas LP, to amend the detailed site plan for Planned Development District PD-2- R, to provide for a banking facility with drive thru lanes at 4301 Lovers Lane and located on the South side of Lovers Lane, West of Douglas Avenue. The subject tract is zoned PD-2-R and owned by LL Douglas LP. Harry Persaud gave a brief overview of the bank site plan and introduced Marc Jennings who in turn introduced Mr. Frank Bullock who was present to represent Century Bank. Mr. Jennings illustrated the bank location at Douglas and Lovers with PowerPoint. He presented the proposed site plan pointing out the improvements for additional curbs and landscaping. Mr. West then opened up the item to public discussion. George Buxhy, owner of Gordos Restaurant at the location site came forward. He advised the commission members that he will be compensated to move his restaurant and that besides himself, all his employees and partners are in favor of the approval of the bank site plan, Benton Rutledge who resides at 3428 Southwestern came forward. He stated a concern for parking to the west side of the site in the Petco Parking lot which mayor may not be available for additional parking in the future. Steve Metzger, on behalf of the owner at 4300 Lovers (Park Cities Bank) came forward and spoke about the congestion which currently exists at the intersection of Lovers and Douglas. He stated that the PD does not allow a bank with a drive through. Rob Dillard, City Attorney stated that the PD does allow any use within the district. Harry Persaud verified the PD requirements. Bob West asked Harry Persaud if the building meets all the required setbacks. Harry Persaud verified that it does. Mr. West then closed the public discussion for the item. Randy Biddle made the motion to approve the site plan for the bank at 4301 Lovers. Bill Foose seconded the motion and the motion was passed 5-0. 19 AGENDA MEMO (08/07/07 AGENDA) MEMORANDUM DATE: July 30, 2007 TO: Mayor and City Council FROM: Bob Livingston, City Manager SUBJECT: Approval of Ordinance Authorizing Greenway Parks Residents to Reserve Tennis Courts in Germany Park History The City of University Park purchased Park "A" (Germany Park) from the Greenway Park Home Owners Association for $118,151 in 1973. The attached letter from Dick P. Wood indicated that the City would agree to a condition in the deed that would allow residents of Greenway Park to use the park and its facilities. Apparently, that condition was not included. Mr. Joe Kern recently approached me to see if we could correct the omISSIOn. In reviewing the letter with the City Attorney, it was determined that the only thing a resident of Greenway Park could not do was reserve a tennis court in the Park. Germany Park is a public park and because of this all of its facilities are open to the public. We do allow residents to reserve the tennis courts, something which non residents cannot do. The attached ordinance will amend the City Code to allow Greenway Park Homeowners to obtain tennis court permits for Germany Park. Recommendation It is recommended that the City Council approve the Ordinance. Cc: City Attorney Park Director Joe Kern 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 I '~i' ., , ' ~~~..# ~.!.~. ~../.. " '. il;~~Y'\ . ~.) :~~~: .:. ;-:~I:"#I' .t..~j).~.;'/'.~. ~ .:<~:;t~I~"'(:~;.':' ;:::.:j:."~"": ~ >.':1 ~;';;"""~~ ~ iI., 1'1.'. :! : ; i ,Ii _JI" ," .", .;,' ~ )./,. i!~;.~.~~~~_~~4....'.V. ~ ~~'''~1. \.t.;';:;.. ;::1:.C~~ic;....'~~.~--:i~l~ :- :~ ~31rY (j)j~ llN1VEJl63Q;!J 1?_~nl\ 3800 ttHl1.J.EHS1'ty ~04tCe 1.J1iUD OJt.ct.ilS 1 tEXfl5 752C$ r:. WIL501l C.fRMANY MI7.."'o~ "RtD No PE. 0:. ...i1~!""JJ,(t'1'" MARIG MA~TI>J C","~;J;:~..,.r LtLAND P. NEL.50N C/!y j-<3..,a3rr.C.',~< DICK P. WOOD,SR. c,t!/ At t.orn~y DICK P. WOOD,JR... A.$J~. .C;ty A ~ tor"ey July 11, 1973 (C(g[P>1( Greenway Park Home Owners Association Dallas, Texas Re: Sale of Park "A" to City of University Park Attention: Mr. Joe Kern Gentlemen: At the meeting of the Board of Commissioners of the City of University Park on July 2, 1973, I was authorized to make an offer to the Greenway Park Home Owners Association of $118,151.00 for fee simple title, free and clear, of all liens and restric- tions to the property known as Park "A", with the City of Univer- sity Park assuming all ad valorem taxes, if any, due and owing on said property, such offer to be conditioned upon the follow- ing prerequisites: A. That such payment will be made to the Greenway Park Home ~vners Association at the time of closing the transaction at the title company; B. Such property, prior to closing, shall be disannexed from the City of Dallas and annexed to the City of Uni versi ty Par k; C. That a Title Policy without restrictions shall be delivered to the City of University Park at the time of closing which will insure fee simple title to the City of University Park. I have been authorized to work with your attorney and the City Attorney of Dallas in curing the exceptions set out above. The City of University Park will have no objection to language in the Warranty Deed from Greenway Park Home Owners Association EXHI BIT A Greenway Park Home Owners Association July 11, 1973 -2- to the City of University Park to the effect that the residents of Greenway Park will always be able to use the park and its facil- ities. I hope and trust. that we can proceed with this. Sincere.ly your~, . /7 .:/v'---7----:- /: ~-' DICK P. WOOD DPW : nj ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY AMENDING SECTION 13.204 TO PERMIT ISSUANCE OF TENNIS PERMITS TO RESIDENTS OF GREENWAY PARKS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Code of Ordinances, City of University Park, Texas, is hereby amended by amending Section 13.204 to read as follows: "Sec. 13.204 Tennis Permits All qualified residents of the City of University Park, upon making application, may secure an annual tennis permit. Residents of the area of the City of Dallas known as Greenway Parks, lying generally between the Dallas North Tollway, Mockingbird Lane, Inwood Road, and University Blvd., shall be authorized to secure an annual tennis permit for use of the tennis courts at Germany Park only. Such permit shall be numbered and coded so as to indicate the time of its validity. The charges for individual tennis permits, family tennis permits, under twelve years of age permits and over sixty-five years of age permits shall be established by resolution of the City Council. The permit number shall be used in obtaining a reservation from the reservations office." SECTION 2. That all provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, 18592 as amended hereby, which shall remain in full force and effect. SECTION 4. 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. DUL Y PASSED by the City Council of the City of University Park, Texas, on the day of 2007. APPROVED: JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY (RLDmew072407) (18592) KATE SMITH, CITY SECRETARY 18592 19 AGENDA MEMO (08-07 -07 AGENDA) DATE: August 2,2007 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider proposal from C-P Engineering to provide engineering services associated with the design of and emergency water supply line. Caoital Proiect No 49000. Background. As a project ancillary to the reconstruction of the Germany Park Booster Pumping Station, staff solicited a proposal from C-P Engineering to provide engineering services for the design of an emergency water main. The proposed 24" main would connect to the Dallas Water Utilities (DWU) 36" main in Mockingbird Lane and run north along Roland Uust east of the tollway wall) to the south end of Germany Park, where it would intersect with the supply main from Dallas County Park Cities Municipal Utilities District (MUD). The intersection of water mains is located immediately west of the site for the new pumping station. The purpose of the emergency main is to supply University Park with water if the MUD is not able to do so. The new booster pumping station is designed to take water from either source. The C&P proposal in the amount of $89,290 provides all engineering and surveying services necessary to develop construction drawings, specifications, and contract documents for the project. Recommendation. Staff would recommend City Council approval of the C-P Engineering Proposal in the amount of $89,290 and authorize the City Manager to execute the contact. CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES 24" WATER MAIN INSTAllATION MOCKINGBIRD lANE NORTH TO GERMANY PARK BOOSTER PUMP STATION UNIVERSITY PARK PROJECT # 49000 C & P PROJECT # 07072 THIS AGREEMENT made and entered into on the date last stated below between the City of University Park, hereinafter called "CITY", acting by and through Robert Livingston, City Manager, duly authorized to act on behalf of the CITY and, C&P Engineering, LTD., hereinafter called "ENGINEER", acting by and through Michael Cummings, P.E., duly authorized to so act on behalf of the ENGINEER. WHEREAS, the CITY desires PROFESSIONAL engineering/surveying services in connection with the design of a 24" diameter water main from Mockingbird Lane north to Germany Park Booster Pump Station for the City of University Park, hereinafter called "the PROJECT"; and WHEREAS, the CITY has determined that the ENGINEER has experience in the area involved in the Project and is qualified to perform the work, and the ENGINEER is willing to enter into a contract with the CITY to perform the engineering services desired by the CITY in connection with the PROJECT. THE CITY AND ENGINEER AGREE AS FOLLOWS: The CITY hereby retains the ENGINEER to perform engineering services in connection with the PROJECT described above. 1. SCOPE OF SERVICES The scope of Engineering/Surveying services to be performed by the ENGINEER shall be as follows: 1.1 Approach to Project Survey and prepare engineering plans and construction takeoff for with the design of a 24" diameter water main from Mockingbird Lane north to Germany Park Booster Pump Station. Page I C:\Documents and Settings\ksmith\Local Settings\Temporary Internet Files\OLKDB\CP Eng 24 Inch Emergency Water.rtf 1.2 Detailed Scope of Services Preliminary site investigation Prepare Schematic( 1 "= 1 00') Meetings With City Staff, DWUD and NTT A Design Survey Locate Existing Utilities (Actual physical location where possible by conventional survey methods but on all else the location will be based on existing plans and information furnished by the City and franchise utilities) Assist City with franchise utility coordination. Engineer Plans for installation of a 24" water line as discussed. Preparation of a Quantity Takeoff. Furnish construction controls as required. 2. CITY'S RESPONSIBILITIES So as not to delay the services of ENGINEER, the CITY shall do the following in a timely manner: 2.1 Provide Existing Data City to furnish: Existing engineering plans Property owner information Franchise utility contacts. Existing data delivered to the ENGINEER by the CITY remains the property of the CITY and must be returned to the CITY after completion of the PROJECT. 2.2 Provide Standards After authorization to proceed, if required by the Scope of Work, provide CITY standard bidding and contract documents which are to be used for public bidding of the PROJECT. The CITY agrees to bear total responsibility for accuracy and content of CITY furnished documents. If required by the Scope of Work, the ENGINEER shall provide all bid item descriptions, item quantities, special provisions, technical specifications, plans and other project specific information that is required for bidding the PROJECT. Page 2 C:\Documents and Settings\ksmith\Local Settings\Temporary Internet Files\OLKDB\CP Eng 24 Inch Emergency Water.rtf 2.3 Provide Access Arrange for access to, and make all provisions for, ENGINEER or ENGINEER'S Subconsultants to perform services under this AGREEMENT. 2.4 City Representative CITY shall designate a representative to act as a contact person on behalf of the CITY. 2.5 Franchise Utilities CITY shall assist in the project coordination with the Franchise Utilities. CITY shall furnish the current list of contacts for all Franchise Utilities. 3. SCHEDULE The ENGINEER'S services shall be performed in a timely manner consistent with sound professional practices. The ENGINEER will complete the work according to the following schedule: Preliminary Design Survey Preliminary Engineer Plans Franchise utility coordination Final Engineering Plans Preparation of Quantity Takeoff Construction Controls 2 Weeks 3 Weeks 16 Weeks 2 Weeks 2 Weeks 1 Week Total 26 Weeks The time limits set forth in the schedule does not include allowances for franchise utility conflicts or review time by the CITY and/or approval by authorities having jurisdiction over the PROJECT. Any adjustments made to the agreed upon schedule shall be made in writing and acceptable to both parties. The ENGINEER shall begin work within 10 days of receipt of the executed Agreement and written Notice to Proceed. Page 3 C:\Documents and Settings\ksmith\Local Settings\Temporary Internet Files\OLKDB\CP Eng 24 Inch Emergency Water.rtf 3.1 Completion of Services ENGINEER'S services under each item of the finalized Scope of Work shall be considered complete on the date when the submissions for that item have been accepted by CITY. 3.2 Changes If the CITY requests significant modifications or changes in the Scope of Services, general scope, extent or character of the PROJECT, the time of performance of ENGINEER'S services, the various rates of compensation and schedule shall be adjusted equitably. 3.3 Written Authorization for Additional Work Any provision in this Contract notwithstanding, it is specifically understood and agreed that the ENGINEER shall not authorize or undertake any work pursuant to this Contract which would require the payment of any fee, expense or reimbursement in addition to the fees stipulated in Section 4. (Payment for Services) of this Contract, without first having obtained the specific written authority to do so from the CITY. 4. PAYMENT FOR SERVICES 4.1 Terms Terms used in describing the applicable method of payment for services provided by the ENGINEER shall have the meaning indicated below: Basic Engineering Fee: Basic Engineering Fee shall mean those expenses incurred by the ENGINEER in prosecuting the PROJECT Scope of Services. Reimbursable Expenses Reimbursable Expenses shall mean the actual expenses incurred by ENGINEER in the interest of the PROJECT not covered under the Scope of Services, for courier or express mail service and telegrams, reproduction of reports, drawings, specifications, bidding documents, and similar PROJECT-related items in addition to those required under Section I. Page 4 C:\Documents and Settings\ksmith\Local Settings\Temporary Internet Files\OLKDB\CP Eng 24 Inch Emergency Water.rtf Additional Services Additional services not covered under the Scope of Services, will be provided to the CITY on an hourly basis plus reimbursable expenses as agreed in writing at the time such services are authorized. 4.2 Basis and Amount of Compensation for Basic Services Subtotal $ 800.00 $ 1,200.00 $ 1,100.00 $ 8,490.00 $70,800.00 $ 2,200.00 $ 3,500.00 $ 88,090.00 $ 1.200.00 $89,290.00 Preliminary site investigation Prepare Schematic(1 "=1 00') Meetings With City Staff, DWUD and NTTA (2 with each) Design Survey Engineer Plans for installation of a 24" water line as discussed. Preparation of a Quantity Takeoff. Furnish construction controls as required. Prints, plots, deliveries & mileage Total The total amount of the engineering contract is $89,290.00. 4.3 Basis and Amount of Compensation for Reimbursable Expenses (See attached fee schedule) 4.4 Basis and Amount of Compensation for Additional Services (See attached schedule of rates) 4.5 Partial Payments for Services Partial fee payments may be applied for at monthly intervals, based upon statements which reflect the percentage of work completed for the various items listed under Scope of Services, Reimbursable Expenses and Additional Services. These statements shall be prepared by the ENGINEER and must be verified and approved by the CITY. Page 5 C:\Documents and Settings\ksmith\Local Settings\Temporary Internet Files\OLKDB\CP Eng 24 Inch Emergency Water.rtf 4.6 Delay If ENGINEER'S design services or service during construction of the PROJECT are delayed or suspended in whole or in part by the CITY for more than one year for reasons beyond ENGINEER'S control the various rates of compensation, including Additional Services, provided for elsewhere in this AGREEMENT shall be subject to equitable adjustment. 5. TERMINATION. SUSPENSIONS OR ABANDONMENT 5.1 Termination The CITY or the ENGINEER may terminate this AGREEMENT for reasons identified elsewhere in this AGREEMENT. In the event such termination becomes necessary, the party effecting termination shall so notify the other party, and termination will become effective thirty (30) calendar days after receipt of the termination notice. Irrespective of which party shall effect termination or the cause therefor, the CITY shall within thirty (30) calendar days of termination remunerate ENGINEER for services rendered and costs incurred, in accordance with the ENGINEER'S prevailing fee schedule and expense reimbursement policy. Services shall include those rendered up to the time of termination. All plans, field survey, and other data related to the PROJECT shall become the property of CITY upon termination of the AGREEMENT and shall be promptly delivered to the CITY in a reasonably organized form. Should CITY subsequently contract with a new Engineer for continuation of services on the PROJECT, ENGINEER shall cooperate in providing information. No amount shall be due for lost or anticipated profits. 5.2 Suspension If the Project is suspended by the CITY for more than 30 consecutive days, the ENGINEER shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the ENGINEER'S compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the ENGINEER'S services. 5.3 Abandonment This Agreement may be terminated by the City upon not less than seven (7) days written notice to the ENGINEER in the event that the Project is permanently abandoned. If the Project is abandoned by the CITY for more than ninety (90) consecutive days, the ENGINEER or the CITY may terminate this Agreement by giving written notice. Page 6 C:\Documents and Settings\ksmith\Local Settings\Temporary Internet Files\OLKDB\CP Eng 24 Inch Emergency Water.rtf 5.4 Failure to Pay Failure of the CITY to make payments to the ENGINEER in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. If the CITY fails to make payment to ENGINEER within thirty (30) days of a statement for services properly performed, the ENGINEER may, upon fourteen (14) days written notice to the CITY, suspend performance of services under this Agreement. Unless ENGINEER receives payment in full within fourteen (14) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services under this section, the ENGINEER shall have no liability to the CITY for delay or damage caused the CITY because of such suspension of services. 6. GENERAL CONSIDERATIONS 6.1 Professional Standards Services performed by the ENGINEER under this AGREEMENT will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. The ENGINEER shall comply with the applicable laws and rules of the current "Texas Engineering Practice Act", the "Professional Land Surveying Practices Act" and the "Texas Board of Professional Land Surveying General Rules of Procedures and Practices". The CITY'S approval, acceptance, use of or payment for all or any part of the ENGINEER'S services herein under or of the project itself shall in no way alter the ENGINEER'S obligations of the CITY'S rights thereunder. 6.2 Progress and Performance The provisions of this Contract and the compensation to ENGINEER have been agreed to in anticipation of continuous and orderly progress through the completion of the ENGINEER'S services. Time for performance shall be extended to the extent necessary for delays due to circumstances over which the ENGINEER has no control. If the ENGINEER'S services are suspended or delayed the times of performance shall be extended to the extent of such delay or suspension. A delay or suspension shall not terminate this agreement unless ENGINEER elects to terminate in accordance with the provisions of Section V of this Contract. If a delay or suspension extends for a period of greater than one year for reasons beyond the control of the ENGINEER, the fees and rates of compensation set forth in Section IV shall be subject to re-negotiating. Page 7 C:\Documents and Settings\ksmith\Local Settings\Temporary Internet Files\OLKDB\CP Eng 24 Inch Emergency Water.rtf 6.3 City Control It is understood and agreed that the CITY shall have complete control of the services to be rendered, and that no work shall be done under this Contract until the ENGINEER is instructed to proceed with the work. 6.4 Independent Agent ENGINEER and CITY agreed that ENGINEER and any officer, employee or agent of ENGINEER, in the performance of this Contract shall act in an independent capacity and not as an officer, agent or employee of the CITY. 6.5 Compliance with Laws ENGINEER shall comply with all Federal, State, and local laws and ordinances in the execution of all work in connection with this PROJECT. 6.6 No Additional Work Without Authorization Any provision in the contract notwithstanding, it is specifically understood and agreed that the ENGINEER shall not authorize or undertake any work pursuant to this contract, which would require the payment of any fee, expense or reimbursement in addition to the fee stipulated in Article 4 of this Contract, without having first obtained specific written authority therefor from the CITY. 6.7 Assignment & Subcontracting This contract shall not be assigned or subcontracted in whole or part without the written consent of the CITY. 6.8 Indemnification ENGINEER, its officers, agents and employees agree to indemnify, hold harmless, and defend the CITY, at ENGINEER'S cost, its officers, agents, and employees from and against any and all claims or suits for injuries, damages, loss, or liability of whatever kind of character, arising out of or in connection with the performance by the ENGINEER of those services contemplated by the Agreement, based upon negligent acts or omissions of ENGINEER, its officers, agents, employees, consultants and subcontractors, whether or not caused solely by the ENGINEER, its officers, agents, employees, consultants or subcontractors or jointly with any other party. 6.9 Insurance ENGINEER shall secure and maintain insurance that will protect him from claims under Page 8 C:\Documents and Settings\ksmith\Local Settings\Temporary Internet Files\OLKDB\CP Eng 24 Inch Emergency Water.rtf the Worker's Compensation Act (statutory amounts). ENGINEER shall secure and maintain Commercial General Liability Insurance that will protect him from claims for bodily injury, death or property damage which may arise from the performance of his services under this CONTRACT, written on an occurrence basis, in the following amounts: For engineering design contracts in the amount of $10,000.00 or less, insurance in an amount not less than $1,000,000.00 per occurrence and $1,000,000.00 per annual aggregate for bodily injury or death and property damage. ENGINEER shall maintain Comprehensive Automobile Liability Insurance covering all owned, non-owned, and hired vehicles with combined single limit coverage of $500,000 for bodily injury, death or property damage, written on an occurrence basis. For engineering design contracts for more than $10,000.00, insurance in an amount not less than $1,000,00 per occurrence and $2,000,000 annual aggregate for bodily injury or death and property damage. ENGINEER shall maintain Comprehensive Automobile Liability Insurance covering all owned, non- owned, and hired vehicles with combined single limit coverage of $1 ,000,000 for bodily injury, death or property damage. ENGINEER shall maintain, at no expense to CITY, a professional liability (errors and omissions) insurance policy placed with a company rated at least A-Nil by Best's Key Rating Guide, authorized to do business in Texas. This coverage must be maintained for at least two (2) years after the PROJECT is completed. Coverage must be written on an occurrence basis. However, at its sole discretion, the CITY may accept coverage written on a claims-made basis if the policy provides for a retroactive date equivalent to the inception date of the CONTRACT or earlier, maintained during the full term of the CONTRACT. The minimum limits of coverage shall be in the following amounts: For engineering design contracts in the amount of $50,000 or less, insurance in an amount not less than five hundred thousand dollars ($500,000). For engineering design contracts over $50,000, insurance in an amount not less than one million dollars ($1,000,000). All policies, except Worker's Compensation and Professional Liability, shall name the CITY as additional insured. All policies shall contain a waiver of subrogation in favor of the City and shall require the giving of written notice to CITY at least thirty (30) days prior to cancellation, non-renewal or material modification of any policies, evidenced by return receipt of United States Certified Mail. ENGINEER shall furnish CITY with copies of said policies or certificates evidencing such coverage. Page 9 C:\Documents and Settings\ksmith\Local Settings\Temporary Internet Files\OLKDB\CP Eng 24 Inch Emergency Water.rtf 6.10 Property All documents, including drawings, field notes, surveys, tracings, calculations, computer input and output, digital or computer files, etc., prepared by the ENGINEER pursuant to this contract shall become the property of the CITY. The ENGINEER may retain copies of all documents. Any reuse of the documents shall conform to The Texas Engineering Practice Act. 6.11 Governing Law This CONTRACT has been made under and shall be governed by the laws of the State of Texas. The parties agree that the performance and all matters related thereto shall be in Dallas County, Texas. 7. DOCUMENT EXECUTION IN WITNESS WHEREOF, the parties have executed this Agreement the of July, 2007. day CITY OF UNIVERSITY PARK By: Robert Livingston, City Manager Attest: City Secretary Approved as to Form: By: City Attorney Or His Designee Page 10 C:\Documents and Settings\ksmith\Local Settings\Temporary Internet Files\OLKDB\CP Eng 24 Inch Emergency Water.rtf ENGINEER By: C&P Engineering, LTD. Michael Cummings, P.E. President Attest: Secretary If ENGINEER'S firm is a corporation, affix corporate seal. Page II C:\Documents and Settings\ksmith\Local Settings\Temporary Internet Files\OLKDB\CP Eng 24 Inch Emergency Water.rtf I! I i W~~ \. lim ~ i~ r /~i ~i '" '!if Ii t 'I a! ~ Ii a~ f' i 1.1 ~ f f ~ ! r ~ ;I ~I ! r I ( ~ I iUIItiJ ihBIJ I~~ II~~ EE ~ :: ~~ I ~ ~. ~ is::: gp. '" .. g .. ~~ . ~;: .. ~~ ~ . ::j';" ""4 ~ r> ... ~~ . ~; ,.. n a ... 'I AGENDA MEMO (8/7/07 AGENDA) DATE: August 3, 2007 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Water Quality Consumer Confidence Report Public Comments ITEM: Each year, municipal water providers are required to mail Consumer Confidence Reports (CCR) to every residence within the community detailing contaminant levels in the potable water system. The City meets and/or exceeds all regulatory standards for contaminant levels revealed through water testing samples in 2006. State regulations also require the water provider to offer residents an opportunity to ask rd questions in open forum regarding the CCR. During the July 3, City Council meeting, there were no public comments made. Staff is placing the item on the agenda for a second th opportunity to receive public input/questions. Since the July 17 City Council meeting th was cancelled, the August 7 meeting is the final opportunity to provide input during a City Council meeting. RECOMMENDATION: ATTACHMENTS: 2006 Consumer Confidence Report City of University Park City of University Park This report is a summary of the quality of the water we provide our customers. The analysis was made by using the data from the most recent Some people may be more vulnerable to contaminants in drinking U.S. Environmental Protection Agency (EPA) required tests and is water than the general population. Immuno-compromised persons presented in the attached pages. We hope this information helps you such as persons with cancer undergoing chemotherapy,persons who become more knowledgeable about what's in your drinking water. have undergone organ transplants,people with HIV/AIDS or other The pages that follow list all of the federally regulated or monitored water from their health care providers. The EPA/Centers for Disease contaminants which have been found in your drinking water. The U.S. Control and Prevention (CDC) guidelines on appropriate means to EPA requires water systems to test for up to 97 contaminants. lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (1-800-426-4791). Maximum Contaminant Level (MCL) The highest permissible level of a contaminant in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology. Este informe incluye informaci?n importante sobre el agua potable. Si tiene preguntas o comentarios Maximum Contaminant Level Goal (MCLG) sobre?ste informe en espa?ol,favor de llamar The level of a contaminant in drinking water below which there is no al tel. -para hablar con (214) 363-1644 known or expected health risk. MCLGs allow for a margin of safety. una persona biling?e en espa?ol. Maximum Residual Disinfectant Level (MRDL) The highest level of disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants. Maximum Residual Disinfectant Level Goal (MRDLG) The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contamination. Treatment Technique (TT) Arequired process intended to reduce the level of a contaminant in drinking water. Action Level (AL) The concentration of a contaminant which,if exceeded,triggers treatment or other requirements which a water system must follow. -Nephelometric Turbidity Units NTU -million fibers per liter (a measure of asbestos) MFL -picocuries per liter (a measure of radioactivity) pCi/L -parts per million,or milligrams per liter (mg/L) ppm -parts per billion,or micrograms per liter (íg/L) ppb -parts per trillion,or nanograms per liter ppt -parts per quadrillion,or picograms per liter ppq July 3,2007 & July 17,2007 Date: 5:00 pm Time: Secondary Constituents Council Chamber Location: (214) 363-1644 Phone No: Tolearn about future public meetings (concerning your drinking water), or to request to schedule one, please call us. Year orAverageMinimumMaximumUnit of RangeContaminantLevelLevelLevelMCLMCLGMeasureSource of Contaminant 2002Barium0.0160.0160.01622ppmDischarge of drilling wastes; discharge from metal refineries; erosion of natural deposits. 2006Fluoride0.40.40.444ppmErosion of natural deposits; water additive which promotes strong teeth; discharge from fertilizer and aluminum factories. 2006Nitrate0.150.150.151010ppmRunoff from fertilizer use; leaching from septic tanks,sewage; erosion of natural deposits. 2006Gross beta emitters5.35.35.3500pCi/LDecay of natural and man-made deposits. 2006Gross alpha1.61.61.6150pCi/LErosion of natural deposits. Year orAverageMinimumMaximumUnit of RangeContaminantLevelLevelLevelMCLMCLGMeasureSource of Contaminant 2006Simazine0.260.260.2644ppbHerbicide runoff. 2006Atrazine0.50.50.533ppbRunoff from herbicide used on row crops. AverageMinimumMaximumUnit of YearDisinfectantLevelLevelLevelMRDLMRDLGMeasureSource of Disinfectant 2006Chloramine3.021.23.644ppmDisinfectant used to control residual microbes. AverageMinimumMaximumUnit of YearContaminantLevelLevelLevelMCLMeasureSource of Contaminant 2006Total Haloacetic Acids15.912.720.560ppbBy-product of drinking water disinfection. 2006Total Trihalomethanes17.812.12480ppbBy-product of drinking water disinfection. Bromoform,chloroform,dichlorobromomethane,and dibromochloromethane are disinfection by-products. There is no maximum contaminant level for these chemicals at the entry point to distribution. Year orAverageMinimumMaximumUnit of RangeContaminantLevelLevelLevelMeasureSource of Contaminant 2006Chloroform111111ppbBy-product of drinking water disinfection. 2006Bromodichloromethane2.62.62.6ppbBy-product of drinking water disinfection. 2006Dibromochloromethane0.70.70.7ppbBy-product of drinking water disinfection. The 90thNumber of SitesActionUnit of YearContaminantPercentileExceeding Action LevelLevelMeasureSource of Contaminant 2004Lead1.8015ppbCorrosion of household plumbing systems; erosion of natural deposits. 2004Copper0.2801.3ppmCorrosion of household plumbing systems; erosion of natural deposits; leaching from wood preservatives. Turbidity has no health effects. However,turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria,viruses,and parasites that can cause symptoms such as nausea,cramps,diarrhea and associated headaches. Highest SingleLowest Monthly % ofTurbidityUnit of YearContaminantMeasurementSamples Meeting LimitsLimitsMeasureSource of Contaminant 2004Turbidity0.30100.000.3NTUSoil runoff. REPORTED MONTHLY TESTS FOUND NO COLIFORM BACTERIA. Total Coliform REPORTED MONTHLY TESTS FOUND NO FECAL COLIFORM BACTERIA. Fecal Coliform (No associated adverse health effects) Year orAverageMinimumMaximumSecondaryUnit of RangeContaminantLevelLevelLevelLimitMeasureSource of Contaminant 2006Bicarbonate454545NAppmCorrosion of carbonate rocks such as limestone. 2002Calcium33.433.433.4NAppmAbundant naturally occurring element. 2006Chloride383838300ppmAbundant naturally occurring element; used in water purification; by-product of oil field activity. 2002Iron0.0110.0110.011.3ppmErosion of natural deposits; iron or steel water delivery equipment or facilities. 2002Magnesium4.54.54.5NAppmAbundant naturally occurring element. 2006pH8.98.98.97unitsMeasure of corrosivity of water. 2002Sodium232323NAppmErosion of natural deposits; by-product of oil field activity. 2006Sulfate848484300ppmNaturally occurring; common industrial by-product; by-product of oil field activity. 2006Total Alkalinity373737NAppmNaturally occurring soluble mineral salts. as CaCO3 2006Total Dissolved2272272271000ppmTotal dissolved mineral constituents Solidsin water. 2002Total Hardness101101101NAppmNaturally occurring calcium. as CaCO3 City of University Park H 19 AGENDA MEMO (08-07-07 AGENDA) DATE: August 2, 2007 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider Ordinance No _ designating NO PARKING along both north and south curb lines of Lovers Lane Hillcrest east to Boedeker. Background. Pursuant to the action taken by the City Council to install a continuous left-turn lane along Lovers Lane, east from Hillcrest to Boedeker, the attached ordinance provides for a NO PARKING designation along both north and south curb lines along those same limits. On a parallel matter, Staff contacted the City of Dallas with a request their concurrence on the installation of a CL TL and requisite NO PARKING east of Boedeker to Willard. Dallas staff indicated that the matter is under review; however at the writing of this memo, no response has been received. Consideration. Staff recommends City Council adopt the attached NO PARKING ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING AT ANY TIME ON BOTH SIDES OF LOVERS LANE FROM ITS INTERSECTION WITH BOEDEKER TO ITS INTERSECTION WITH HILLCREST; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, parking on Lovers Lane from its intersection with Boedeker to its intersection with Hillcrest creates an obstruction for traffic; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That it shall be unlawful and an offense for any person to leave, stand or park any motor vehicle at any time on both sides of Lovers Lane, from its intersection with Boedeker to its intersection with Hillcrest. SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars ($200.00) for each offense. IKI20 SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. The parking restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the _ day of 2007. APPROVED: JAMES H. HOLMES III, MAYOR ATTEST: KATE SMITH, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/070507/18120) (KIlO AGENDA MEMO (08-07-07 AGENDA) DATE: August 3, 2007 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Review status of Germany Park Booster Pumping Station (Capital Project No. 48410). Background. For the past six months staff has been working with the architectural advisory committee appointed by Council to make recommendations on aesthetic issues associated with the Germany Park Booster Pumping Station. At the 08.07.07 meeting, staff will present building elevations and a general landscape plan for the park surrounding the structure. Two of the three committee members attending last week’s meeting expressed complete satisfaction with the process and the results. Ms. Bell, who was not able to attend the meeting, sent some questions, which were addressed at the meeting. The minutes of the meeting (including responses to the questions), a copy of which is attached to this memo, were sent to Ms. Bell. Recommendation. Staff recommends City Council authorization to proceed with preparation of final drawings and contract documents for construction of the proposed booster pumping station as well as the park site improvements. MEMO DATE: August 3, 2007 TO: Germany Park Architectural Committee ? Peggy Bell ? Pam McIntosh ? Clay Duval ? Staff ? Consultants FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Minutes of 07.23.07 meeting. Attendance. Pam McIntosh; resident Clay Duval; resident Charles Manning, P.E.; Engineering Consultant Michal Tincup; Landscape Consultant Byron Folse, AIA; Architectural Consultant Bob Whaling, P.E.; City Engineer Gerry Bradley; Park Director Bud Smallwood, P.E.; DPW Background. Bob Whaling thanked everyone for attending the meeting and proceeded to review the landscape plan and revised elevations of the proposed pumping station. In response to a question from Mr. Duval, Mr. Whaling indicated that a sidewalk could be added along the west side of the pumping station (along the east side of Roland), allowing access to the park from the south. Both Ms. McIntosh and Mr. Duval expressed their satisfaction with the building and landscape plans. Because Ms. Bell could not attend the meeting, she asked that Ms. McIntosh present several questions she had regarding the proposal. Staff responded as detailed below: What are the limits of perimeter fence? The proposed cast iron fence with masonry columns runs along both alleys, with a pedestrian gate just west of the intersection. Columns may be approximately forty feet apart. Fencing is not planned for the north and west sides of the landscaped area surrounding the pumping station. Access will be controlled by landscaping; Request for three or four big oaks or other good trees along the fence. Staff illustrated (on the landscape plan) that several large trees will be planted as part of the project. These trees will be a minimum of 6” in diameter and will serve as a buffer for the home owners as well as providing shade and visual impact for park patrons. The actual tree species are under review, but evergreen live oaks will be the primary choice in providing year-round screening. Staff also plans to provide strategically-planted ornamental trees in an effort to provide seasonal color and contrast. The trees would also provide some mitigation of noise from the tollway. A sound consultant has developed information prior to the reconstruction that will affirm that the engineer’s comment that the proposed booster pumping station will not produce any noticeable difference in sound levels; What is the location of the outside electrical system and what screen is proposed? No changes will be made in the source of electrical power for the pumping station. The poles along the alley south of the pumping station (along with the associated transformers and appurtenant equipment) will remain. The aforementioned trees that will be planted will provide screening; What is the location of the playground? Staff proposes for the playground to be located in the center of the park for the following reasons: ? Playground Structure – As a key element of the park’s design, staff believes that the location of the playground should be placed in the center of the park site, serving as a focal point. It will serve as the main anchor of the site, providing continuity and functionality to those support features such as walkways, botanical plantings, picnic tables, and benches. The utilization of this center area will also greatly reduce size of open space for organized sports activities which the design committee wished to discourage; ? Safety – Staff also supports the center location due to the age of the children the park will serve and its proximity to the parking lot. The playground will be designed to accommodate 2 to 6 year old users, who may occasionally wander from the playground location. The central location will provide an adequate safety distance from the parking lot and moving vehicles. The location will also afford law enforcement a clear view of the playground on their routine patrols. Will there be room to get out of alley driveways? Yes, nothing will be changed with the existing alley alignment. Recommendation. Staff proposes to take the architectural drawings and landscape plan to Council on 08.07.07 and request authorization to solicit bids for construction. That meeting will be held in the temporary Council Chambers at the southwest corner of the new fire department bays at 3800 University Blvd at 5:15 p.m. We would appreciate members of the architectural committee attending that meeting. l? AGENDA MEMO (08/07/2007 AGENDA) DATE: August 1, 2007 TO: Honorable Mayor and City Council FROM: Kent R. Austin, Director of Finance SUBJECT: Ordinance extending existing electric franchise Background The City's franchise agreement with Oncor Electric Delivery (Ordinance No. 77/322, approved October 10, 1977) expired July 19,2007. City staff and Oncor representatives have begun discussing a new franchise agreement, which will include input from the City's Public Utilities Advisory Committee. Both City staff and Oncor officials agree on the prudence of continuing to abide by the existing ordinance. Potential issues to be discussed during the renewal process include tree trimming, reliability, and right-of-way matters. Staff hopes to conclude the renewal process by the end of2007. Recommendation City staff recommends approval of the ordinance extending the term of the 1977 franchise agreement. The extension will remain in effect until a new agreement is reached. Attachments: . Ordinance 77/322, electric franchise . Proposed ordinance extending term of existing franchise ORDINANCE NO. 77/322 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, GRANTING AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE TO DALLAS POWER & LIGHT CO. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PAro<, TEXAS: Section 1 - That there is hereby granted to Dallas Power & Light Company, its successors and assigns (herein called the "Grantee"), the right, privilege and franchise until July 19, 2007, to construct, maintain and operate in the present and future streets, alleys and public places of the City of University Park, Texas (herein called the "City") and its successors, electric light and power lines, with all necessary or desirable appurte- nance (including underground conduits, poles, wire, transmission lines and other structures and telephone wires for its own use), for the purpose of supplying electricity to the City, the inhabi- tants thereof, and persons and corporations beyond the limits thereof, for light, heat, power and other purposes. .. Section 2 - Poles, structures and other appurtenances shall be so erected and maintained as not to interfere unreasonably with traffic over streets and alleys. The location of all poles, conduits and other structures shall be coordinated by the City Commission or such committee designated by the Commission, but not so as to unreasonably interfere with the proper operation of said lines. Section 3 - The service furnished hereunder to the City and its inhabitants shall be first class and modern in every respect considering all circumstances, and shall be subject to such reasonable rules and regulations as the Grantee may make from time to time. Grantee shall construct its facilities in confor- mance with the applicable provisions of the National Electric Safety Code or such comparable standards as may be adopted. The Grantee may require reasonable security for the payment of its bills. Section 4 - The Grantee shall hold the City harmless from all expense or liability for any act or neglect of the Grantee hereunder. Section 5 - Grantee agrees to pay the City each year, during the term specified, a sum of money equal to four per cent (4%), subject to any future legislative limitation, of the annual gross receipts received by Grantee from the sale of electric light, heat and power to the City and the inhabitants, residents, businesses and customers therein, other than those derived from the sale of light, heat and power for resale. Said payment shall be due and payable 45 days after the closing of a calendar quarter. Such payment shall continue so long as: (1) Grantee continues to serve the City and its inhabitants thereof with their respective electric service requirements, and (2) Grantee's Schedule of Rates for electric service rendered in the City is consistent with Grantee's Schedule of Rates as approved by other regulatory authorities, and (3) The City accepts the annual payment provided for above as full payment for the privilege of using and occupying the streets, highways, easements, alleys, parks and other public places in the city and in lieu of all other municipal charges, fees, rentals, pole rentals, wire taxes, easement or franchise taxes, inspections, or other charges and taxes of every kind, including such charges or fees as permitted under Article l446(c), V.A.C.S., except only ad valorem taxes and special assessments for the cost of public improvements and charges for actual replacement of improvements damaged or removed by or for Grantee in the construction or repair of its lines. Section 6 - Except in an emergency, Grantee shall not exca- vate any pavement in any alley or street or significant amounts of any unpaved public right-of-way without first providing the City notice twenty-four hours prior to such excavation. The City shall be notified as soon as practicable regarding work performed during emergency conditions and Grantee shall comply with the City's reasonable requirements for the restoration of said rights- of-way. Section 7 - Whenever by reason of the changes in grade or width of any street, alley, highway or public place, it shall be deemed necessary by the governing body of the City, in its govern- mental capacity, to require the Grantee to re~ve, alter, change, adapt or conform its underground or overhead facilities, such alterations or changes shall be promptly made by Grantee when ordered in writing by the governing body of the City without claim for reimbursement or damages against the City; provided, however, if said requirements impose a financial hardship on Grantee, Grantee shall have the right to present alternative proposals for the City's consideration. The City shall not require Grantee to remove its facilities entirely from such street, alley, highway or public place unless suitable alternatives for relocation are available at reasonable cost. Section 8 - Pursuant to state law, Grantee agrees to make a suitable investigation and respond within a reasonable time to complaints brought to its attention by City concerning electric service provided hereunder. Section 9 - This Franchise shall not become effective unless and until Grantee shall file its written acceptance thereof with- in sixty (60) days from its passage and approval; upon the effective date of acceptance all prior franchises and street rental agreements between Grantee and City are repealed. Section 10 - This Franchise is not exclusive to Grantee, and nothing herein shall be construed so as to prevent the City from granting other like or similar rights and privileges to any other person, for, or corporation. PASSED AND APPROVED THIS 10TH DAY OF OCTOBER, 1977. ORDINANCE NO. AN ORDINANCE EXTENDING THE TERM OF ORDINANCE NO. 77/322, AS AMENDED BY ORDINANCE NO. 02/22, OF THE CITY COUNCIL OF UNIVERSITY PARK, GRANTING A FRANCHISE TO ONCOR ELECTRIC DELIVERY COMP ANY, A SUCCESSOR IN INTEREST TO TXU ELECTRIC DELIVERY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Oncor Electric Delivery Company, successor in interest to TXU Electric Delivery, (hereinafter called "Company"), is engaged in the business of providing electric utility service within the City of University Park, Texas (hereinafter called "City") and is using the public streets, alleys, grounds and rights-of-ways within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body of the City, adopted on October 10, 1977 and duly accepted by Company; and WHEREAS, Company reaffirms its agreement to continue to negotiate in good faith with City for development and approval of a new franchise agreement and City and Company desire to extend said Ordinance until a new franchise is adopted, approved and agreed to by Oncor Electric Delivery Company and the City of University Park; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the term of Ordinance No. 77/322 as amended by Ordinance No. 02/22 of the City of University Park, Texas is extended until a new franchise is adopted, approved and agreed to by Oncor Electric Delivery Company and the City of University Park. SECTION 2. That this ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DUL Y PASSED by the City Council of the City of University Park, Texas, on the 7th day of August, 2007. APPROVED: JAMES H. HOLMES, III, MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY KATE SMITH, CITY SECRETARY 19 AGENDA MEMO (08/07/2007 AGENDA) DATE: August 1,2007 TO: Honorable Mayor and City Council City Manager FROM: Kent Austin, Director of Finance SUBJECT: Budget amendment ITEM: The August 7, 2007, City Council agenda includes an ordinance that would amend the FY2007 General Fund revenue and expenditure budgets for a variety of special items. This is the third amendment to the FY2007 budget. Revenue The General Fund revenue budget will be increased $6,489 for the following three items: 1. Other revenue ($1,339) - the City received this amount from the State of Texas STEP- WAVE program, which is intended to allow local entities to increase their traffic enforcement efforts. 2. Other revenue ($1,000) - this item represents a donation from Park Cities Bank to help pay for the Park Department's fishing derby, which was held in June. 3. Other revenue ($1,000) - this item is a reimbursement from AT&T for landscaping work the City is doing related to installation of a new AT&T VRAD cabinet in Caruth Park. Expenditures - Finance $1,020 - Tuition and Training Twelve City employees attended the July 27,2007, cash handling seminar sponsored by the Government Treasurers Organization of Texas and the UNT Center for Public Management. Although the $85/person class was not included in the original FY2007 budget, the Finance Department used the opportunity to improve internal controls over cash by providing additional education for the City's cashiers and their supervisors. Expenditures - Fire $33,000 - Fire Fighting Equipment--Light Approval of this amount will restore a cut request from the FY2007 Fire Department budget for a new self-contained breathing apparatus (SCBA) compressor. Expenditures - Parks and Pool $1,000 - Supplies This amount is offset by the Park Cities Bank donation and will be used as reimbursement for materials purchased for the fishing derby. $4,150 - Flowers, Trees, & Shrubs Approval of this amount will allow the Park Department to re-do the landscaping around the recently installed AT&T VRAD cabinet in Caruth Park. Expenditures - Police $1,339 - Guns & Equipment This amount represents the intended use of the $1,339 grant from the State of Texas STEP- WAVE program. The program allows cities to increase their traffic enforcement efforts with either additional manpower or equipment. Expenditures - Transfers $4,677,701 - Transfer to City Hall project This large transfer from General Fund unreserved fund balance is part of the multi-year City Hall project funding plan. The current General Fund balance is approximately $15 million; by year-end it is expected to be about $8 million. The Capital Projects Review Committee reviewed and recommended this transfer at their July 30, 2007, meeting. IMP ACT ON BUDGET AND FUND BALANCE The proposed budget amendment will reduce the General Fund unreserved fund balance by $4,711,721. The projected FY2007 ending fund balance of $8 million is still well above the 2/12 year minimum fund balance requirement of$4.03 million (meaning that fund balance should not fall below the equivalent of two months of operating expenditures). RECOMMENDATION: City staff recommends approval of the attached ordinance. ATTACHMENTS: · Exhibit from Ordinance and table displaying budget amendment impact · Ordinance with Exhibit Amount EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY2007 BUDGET AMENDMENT NO.3 8/7/2007 Dept. Account title Account no. Item description Revenue amendments $ 1,339 Revenue General Fund - Other Revenue $ 1,000 Revenue General Fund - Other Revenue $ 4,150 Revenue General Fund - Other Revenue $ 6,489 Total revenue amendments Expenditure amendments $ 1,020 Finance Tuition & Training $ 1,020 $ 33,000 Fire $ 33,000 $ 1,000 Parks $ 4,150 Parks $ 5,150 $ 1,339 Police $ 1,339 Firefighting Equipment-Light Supplies Flowers. Trees, & Shrubs Guns & Equipment $ 4,677,701 Transfer Transfers $ 4,677,701 $ 4,718,210 $(4,711,721) Total expenditure amendments 01-11-3999 STEP-WAVE grant from State Comptroller 01-11-3999 Park Cities Bank fishing derby donation 01-11-3999 AT&T reimbursment for landscaping of VRAD cabinet site 01-03-7240 Cash handling seminar tuition (12 persons) 01-40-9355 SCBA compressor replacement 01-70-2350 Materials for fishing derby 01-70-6380 Landscaping for AT&T cabinet site in Caruth Park Ot-50-3291 Equipment purchased with STEP-WAVE grant proceeds 01-85-8500 Transfer to City Hall project in Cap. Proj Fund Net increase/(decrease) in General Fund CITY OF UNIVERSITY PARK, TEXAS FY 2007 BUDGET WITH AMENDMENT(S) SUMMARY BY FUND AND DEPARTMENT 08/0712007 AMENDMENT NO.3 8/7/2007 GENERAL FUND 01-11 REVENUES 24,187,624 152,885 6489 24,346,998 TOTAL GENERAL FUND REVENUES $24,187,624 $0 $0 $152,885 $6,489 24,346,998 EXPENDITURES 01-02 EXECUTIVE 906,784 16,206 34,312 957,302 01-03 FINANCE 1,060,625 10,000 1,020 1,071,645 01-04 HUMAN RESOURCES 342,661 342,661 01-05 INFORMATION SERVICES 760,751 183,929 944,680 01-10 COURT 272.132 272,132 01-19 BUILDING 748,204 21,595 70,000 839,799 01-20 ENGINEERING 901,974 26,900 126,700 1,055,574 01-25 TRAFFIC 849,197 84,761 933,958 01-35 FACILITY MAINTENANCE 695,567 105,086 800,653 01-40 FIRE 4,462,340 57,869 23,638 33,000 4,576,847 01-50 POLICE 5,730,453 61,747 1,000 1,339 5,794,539 01-70 PARKS 2,546,522 41,250 30,000 55,000 5,150 2,677,922 01-75 SWIMMING POOL 173,946 15,000 188,946 01-80 STREETS 1,792,422 35,750 1,828,172 01-85 TRANSFERS 2,943,871 145 000 4 677 701 7,766572 TOTAL GENERAL FUND EXPENDS, 24,187,449 635,093 30,000 480,650 4,718,210 30,051,403 DIFFERENCE $175 ($635,093) ($30,000) ($327 765) ($4711 ,721) ($5.704,405) UTILITY FUND 02-11 REVENUES 10,670,195 10,670,195 TOTAL UTILITY FUND REVENUES 10,670,195 10670,195 EXPENDITURES 02-21 UTILITY OFFICE 5,987,128 5,987,128 02-22 UTILITIES 2,975,942 200,695 3,176,637 02-85 TRANSFERS 2 069 389 2 069,389 TOTAL UTILITY FUND EXPENDS. 11,032,459 200,695 11,233,154 DIFFERENCE ($362,264) $ (200,695) $ $ $ $ (562,959) SANITATION FUND 04-11 REVENUES 2,660,500 2,660,500 TOTAL SANITATION FUND REVENUES $2,660,500 2,660,500 EXPENDITURES 04-B0 SANITATION 2,659,860 37 ,609 2,697,469 TOTAL SANITATION FUND EXPENDS. 2,659,860 37,609 2,697,469 DIFFERENCE $640 ($37,609) $0 $0 $0 ($36,969) TOTAL REVENUES $37,518319 152,885 6,489 37,677,693 TOTAL EXPENDITURES $37,879,768 873 397 30 000 480,650 4,718210 43 , 982 026 DIFFERENCE ($361 449) $ (873,397) $ (30,000) $ (327,765) $ (4,711,721 ) (6,304,333) ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY P ARK, TEXAS, AMENDING THE 2006-2007 FISCAL YEAR BUDGET, ORDINANCE NO. 06-27, TO APPROPRIATE $4,711,721 FROM THE GENERAL FUND UNRESERVED FUND BALANCE BY INCREASING REVENUES $6,489 AND BY INCREASING EXPENDITURES $4,718,210; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park has determined that it is in the public interest to amend Ordinance No. 06-27 to transfer funds from unreserved fund balance of the General Fund into specific accounts; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 06-27, the 2006-2007 fiscal year budget ordinance ofthe City of University Park, Texas, be, and the same is hereby, amended to increase General Fund revenues by $6,489 and General Fund expenditures by $4,718,210, thus appropriating unreserved fund balances of $4,711,721 from the General Fund to the specific accounts listed on Exhibit "A" attached hereto and made part hereof for all purposes, and such expenditures are herby authorized and made a part of the 2006-07 fiscal year budget of the City. SECTION 2. 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 7th day of August, 2007. APPROVED: JAMES H. HOLMES, III, MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY KATE SMITH, CITY SECRETARY AGENDA MEMO (08/07/2007 AGENDA) DATE: August 2, 2007 TO: Honorable Mayor and City Council FROM: Kent R. Austin, Director of Finance SUBJECT: Budget transmittal and scheduling of public hearings BACKGROUND/DISCUSSION Texas statutes require that cities provide notice and hold public hearings before adopting an annual budget and property tax rate. Proposed FY2008 budget State law requires that a budget hearing be held no sooner than 15 days after the proposed budget is filed with the municipal clerk. Using August 7 as the filing date, a hearing August 28 meets this requirement. A second budget hearing is scheduled for the September 4 Council meeting; and a third hearing will occur at the September 18 meeting, when the Council acts upon the proposed budget and tax rate. The proposed FY08 budget will be transmitted to the City Council at the August 7, 2007 meeting. The Finance Advisory Committee will meet August 16 to review the proposed budget. Two other Advisory Committees – Employee Benefits and Property, Casuality, and Liability Insurance – will also meet to review the budget in the coming weeks. Proposed property tax rate The property tax is the General Fund’s primary source of revenue. The certified tax roll rose 17.71% in market value and 13.33% in taxable value compared to last year. The average single- family home in University has a market value of $1,064,621 and a taxable value of $811,928. Currently the Dallas County Tax Office is completing the official effective tax rate (ETR) calculation. This is significant because it drives the notice and hearing requirements a city must meet per the Texas Truth-in-Taxation law. Cities proposing an effective tax increase greater than the prior year must hold two separate public hearings about the tax rate. At the August 7 meeting, the City Council should schedule public hearings on the property tax rate for August 28 and September 4, 2007. Notice of the hearings and the ETR will occur in the August 16 and 23 editions of the Park Cities News. RECOMMENDATION At the meeting on August 7, the City Council should schedule budget and property tax rate hearings for August 28 and September 4, 2007.