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FINAL AgendaREGULAR CITY COUNCIL MEETING JANUARY 16, 2007 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 to 6:00 p.m. 1. Call to order. 2. Invocation: Coy Quesenbury, Lonesome Dove Baptist Church 3. Sanitation services presentation (Tim Powell, General Manager, Allied Waste Services). 4. Smoking Ordinance. 5. Discuss all items on tonight’s meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 p.m. or immediately following the work session. 1. Call to Order. 2A. Executive Session. 2B. Reconvene: Action necessary on items discussed in Executive Session. 3A. Mayor’s Report 3B. City Manager’s Report 1. Presentation of the Midwest TxAPA Award for Project of the Year for the Tree Preservation Ordinance. 3C. School District Report 3D. Financial Report CONSENT AGENDA: 4A. Approve the minutes from the January 2, 2007, regular City Council meeting. 4B. Reject all bids for the Noble Oaks Park pond improvement project. 4C. Authorize a Professional Services Agreement with Lewis McLain related to updating impact fees. 4D. Authorize a Professional Services Agreement with Kimley-Horn and Associates, Inc., to prepare the Roadway Impact Fee Study Update. 4E. Authorize a Cooperative Purchasing Interlocal Agreement with the City of Fort Worth. 4F. Authorize a one-year contract for preventative maintenance on-site services for vehicles and light trucks to Mechanic’s Fleet Services, Inc., in the amount of $69,740. 4G. Authorize a Tree Mitigation Agreement for Lots 5 and 6, Block 1, Miracle Pointe. 4H. Authorize a Tree Mitigation Agreement for Lots 1, 6, 7 and 8, Block 1, and Lots 1 and 5, Block 2, Miracle Pointe. 4I. Authorize a Tree Mitigation Agreement for Johnson Place. 4J. Authorize a Professional Services Agreement with Weaver and Tidwell, L.L.P., for audit services. 4K. Ordinance No. 480-511, 1st Reading, (ZA06-125), Zoning Change and Concept Plan for Tract 2C2, A.H. Chivers Survey, Abstract No. 299, at 1090 Primrose Ln. Current Zoning: AG. Requested Zoning: SF-20A. SPIN #5. (This item was withdrawn by the applicant.) REGULAR AGENDA: Public Forum. 5A. Presentation by Frank Barrows related to drainage concerns. 6A. Ordinance No. 902, 2nd Reading, Appointing an Alternate Municipal Judge and authorizing execution of an agreement with the Alternate Municipal Judge and providing an effective date. 6B. Ordinance No. 480-509, 2nd Reading (ZA06-131), Zoning Change and Development Plan for proposed Estancia at Southlake at 579 N. Kimball Ave. Current Zoning: AG. Requested Zoning: R-PUD. SPIN #6. PUBLIC HEARING 6C. Ordinance No. 480-510, 2nd Reading (ZA06-042), Zoning Change and Development Plan for 3280 Burney Ln., being Tract 11, R.D. Price Survey, Abstract No. 1207. Current Zoning: AG. Requested Zoning: SF-1A. Amended Zoning Change request: R-PUD with SF-1A uses and regulations. SPIN #3. PUBLIC HEARING 6D. Resolution No. 07-003, (ZA06-152), Specific Use Permit for a telecommunications antenna at 3700 N. White Chapel Blvd. Current Zoning: CS. SPIN #1. PUBLIC HEARING 6E. Resolution No. 07-004, (ZA06-183), Specific Use Permit for a tent at Kroger at 2110 E. Southlake Blvd. Current Zoning: C-3. SPIN #8. PUBLIC HEARING 6F. Ordinance No. 897, 2nd Reading, Amending Ch. 18, Sect. 18-79 of the Southlake City Code establishing a new speed limit on a portion of N. Carroll Ave. and on 2 portions of Kimball Ave. PUBLIC HEARING There are no items on this agenda. 8. There are no items on this agenda. 9A. ZA06-143, Preliminary Plat for Wimbledon Estates (f.k.a. Preston Oaks), at 1331 Sunshine Ln. and 1778 E. Highland St. Current Zoning: SF-1A. SPIN #5. 9B. Consider SP06-401A, Variance to the Conditional Sign Permit for Jellico Square at the northwest corner of W. Southlake Blvd. and Randol Mill Ave. 9C. Consider SP07-002, Variance to the Conditional Sign Permit for Shops at Southlake, Starpower, at the southeast corner of E. Southlake Blvd. and S. Carroll Ave. 9D. Consider any action necessary regarding Request for Bid #609A161PS600207 related to branding Southlake. There are no items on this agenda. 11. Meeting adjourned. Item 4B: Reject all bids for the Noble Oaks Pond Improvements project Design previously approved by City Council, as recommended by Parks Board and SPDC Proposed improvements to include: water well Pond excavation, re-shaping, and erosion control spillway and storm drain improvements Domestic water line and electrical upgrades Also recommended as bid alternate items: installation of a gazebo landscape improvements Original cost estimates provided by the project engineer for the base bid items – approx $100,000. Project bids opened December 19, 2007: Fryer Construction Co. $251,000.00 Quality Excavation, LTD. $271,858.50 Both bids far exceeded the available funds for the project ($100,000). Review of bids indicate the increase is a result of the proposed well and pump (average of 73% of base bids). As a matter of procedure, recommend all bids be rejected. Next Steps: Staff working with engineer to restructure the bid documents Separate or remove well from the pond improvements. The timing for drilling a water well is not favorable given the recent drought conditions and tremendous gas exploration within the Barnett Shale. Explore domestic tap. Re-bid in upcoming weeks move forward with improvements. Parks and Recreation Board recommended rejection of all bids at January 8, 2007 meeting (8-0). Staff is available for questions and seeks Council consideration. Item 4C Impact fee update required every 5 years: Water Impact Fee Wastewater Impact Fee Roadway Impact Fee McLain Services Agreement McLain Services Agreement McLain services will include: Financial analysis of all fees Determination of max fees Consultation throughout the process Estimated fees of $15,000 – $22,500 Funded through existing impact fees Staff recommends approval of the agreement Contact Director Last with any questions McLain Services Agreement Item 4D Impact fee update required every 5 years: Water Impact Fee Wastewater Impact Fee Roadway Impact Fee Kimley-Horn Services Agreement Kimley-Horn Services Agreement Kimley Horn and Associates services will include: Prepare Roadway Impact Fee update Develop Roadway Impact Fee Capital Improvements Plan Develop Maximum Assessable Roadway Impact Fee Calculation Basic fee $33,000 Additional Services Fee $ 7,500 Funded through existing impact fees Questions? Contact Bob Price at (817) 748-8097 Kimley-Horn and Associates Impact Fee Update Agreement ITEM 4E AUTHORIZE A COOPERATIVE PURCHASING INTERLOCAL AGREEMENT WITH THE CITY OF FORT WORTH Considerations for entering into Agreement Section 271.102 of the Local Government Code authorizes the entering into Interlocal Agreements between Municipalities. Provides another avenue for meeting State bidding requirements. Reduced pricing for purchasing goods and services by utilizing a much larger purchasing volume than the City of Southlake could generate alone. Considerations Continued Agreement allows the City of Southlake to purchase from existing and future contracts between City of Fort Worth and their vendors. Establishes valued pricing. Effectively utilizes employees time. Agreement has been reviewed by City Attorney. Considerations Continued Based on September 25, 2006 pricing: $0.12 per gallon difference for unleaded fuel between City’s current supplier and City of Fort Worth fuel contract Potential savings for FY2006 would have been $23,661.68 Vendor trained staff inspecting vehicles Questions? Please contact Sharen Jackson Director of Finance 817-748-8042 ITEM 4F Award a one year contract for on-site Preventative Maintenance Fleet Services for Vehicles and Light Trucks to Mechanic’s Fleet Services, Inc. in the amount $69,740 Proposed On-Site PM Services “Benefits” Reduced out of service time for City vehicles. PM will be performed during vehicle non-use hours Increase of productive employee labor hours available for providing City services. City employees will not shuttle vehicles for required PM services PM services performed at required times Vehicles will receive PM services when due Fewer unexpected breakdowns Repair issues will be identified sooner Proposed On-Site PM Services “Benefits” Continued Having properly trained personnel inspecting vehicles for proper operation Vendor trained staff inspecting vehicles Provide for safer vehicles on City streets Vehicles maintained in top operating condition Extended vehicle service life and lower long term costs. Vehicle life will be extended and overall long term costs will be reduced with proper care and timely maintenance Lower labor rate charged for normal repairs. $54.00 per hour verses $75-$95 current rate for vehicle repairs QUESTIONS? Please contact Sharen Jackson Director of Finance 817-748-8042 Items 4 G, H, & I Authorizing the Mayor to approve Tree Mitigation Agreements with: Berwyn Custom Homes for Lots 5 and 6, Block 1, Miracle Pointe; Miracle Pointe Development Corporation for Lots 1, 6, 7, & 8, Block 1 and Lots 1 and 5, Block 2, Miracle Pointe; and MDC-Johnson Place Estates, LTD. for Johnson Place. Tree Preservation Ordinance Enforcement Action The city’s Tree Preservation Ordinance 585-B requires a tree permit to alter all protected trees. In November 2006, 3 separate incidences of violations to the Tree Preservation Ordinance were observed. Based on the requirements of the Ordinance 585-B, the respective applicants are proposing to mitigate all altered trees based on the caliper inches removed. Contents of the Tree Mitigation Agreements A form agreement was drafted by the City Attorney’s office based on the ordinance requirements. Each agreement includes an exhibit (Exhibit A) showing the trees altered in violation of a tree permit and an exhibit (Exhibit B) showing type, location, and number of trees to be replanted. Agreements are included in the Council packets. 1. TMA with Berwyn Custom Homes for Lot 5, Block 1, Miracle Pointe Exhibit A – Trees Removed TMA with Berwyn Custom Homes for Lots 5 & 6, Block 1, Miracle Pointe Exhibit B – Required Replacement Trees Lot 5, Block 1 Lot 6, Block 1 2. TMA with Miracle Pointe Development Corporation Exhibit A – Trees Removed TMA with Miracle Pointe Development Corporation Exhibit B – Required Replacement Trees All tree planting locations must be approved by the Landscape Administrator/ Administrative Official. All replacement trees must meet the diameter, height, and species requirements of the Ordinance and shall be a minimum of 4” caliper trees limited to the following: Live oaks Red oaks Bur oaks Chinese pistachio The replanting shall be as follows (see attached plat for the subject lots): Three (3) live oak trees on lot 1, block 1 Five (5) trees (3 live oaks and 2 red oaks) on lot 1, block 2 Two (2) trees (1 chinese pistachio and 1 red oak) on lot 5, block 2 Five (5) live oaks trees on lot 8, block 1 Two (2) live oak trees on lot 7, block 1 The credit for the remainder 24” required shall only be granted by designating the existing 24” oak tree on lot 5, block 2 as a preserved tree and subject to the all the conditions of a protected tree under Ordinance 585-B. Any alteration of this tree shall be subject to mitigation per Ordinance 585-B. Any building pads on this site shall be located in such a manner as to minimize the impact on its critical root zone. No replacement trees shall be planted in any easements. 3. TMA with MDC-Johnson Place Estates, LTD. for Johnson Place. Exhibit A – Trees Removed (Area 1) Exhibit A – Trees Removed (Area 2) Exhibit A – Trees Removed (Area 3) Area of tree removal Exhibit A – Trees Removed (Area 4) Exhibit B – Trees Mitigation – Key Map Area A Area B Area C Area D Exhibit B – Trees Mitigation – Area A Exhibit B – Trees Mitigation – Area B Exhibit B – Trees Mitigation – Area C Exhibit B – Trees Mitigation – Area D Exhibit B – Trees Mitigation – Overall Plan Questions/Comments? Item 4J Authorize a professional services agreement with Weaver and Tidwell, L.L.P., for audit services. Contract provisions City Charter requires the City at the close of each fiscal year have an independent audit performed by a Certified Public Accountant; Weaver and Tidwell, L.L.P. is the city’s auditor; Contract provisions The objective of the audit is the expression of an opinion as to whether the financial statements are fairly presented, in all material respects, in conformity with GAAP-generally accepted accounting principles; Weaver and Tidwell will also provide a report on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements; Contract provisions The total amount is not to exceed $68,000; QUESTIONS? Contact Sharen Jackson 817.748.8042 Item 6B ZA06-131 OWNER : Earnest E. Taylor, Jr. APPLICANT: Tejas Capital Partners REQUEST: Approval of 2nd reading for a Zoning Change and Development Plan from “AG” Agricultural District to “R-PUD” Residential Planned Unit Development District on property being approximately 7.97 acres. LOCATION: The property is located at 579 N. Kimball Ave. View looking north at property N Kimball Ave View looking east at property N Kimball Ave View looking west at property N Kimball Ave ZA06-131 “R-PUD” Regulations: This Residential Planned Unit Development shall abide by the “SF-20A” Single Family Residential Zoning District and the Subdivision Ordinance No. 483, as amended, with the following exceptions: Lot Area: 11,000 square feet. Front Yard: 25 feet. Side Yard: 10 feet. Side Yard Adjacent to a Street: 20 feet. Rear Yard: 25 feet. Lot Width: 70 feet measured at front building line. Lot Depth: 120 feet Minimum 4-foot sidewalks shall be required on both sides of the street except where open space lots front the street in which case the ‘internal trail’ location will be required. Street ROW width of 40 feet with 30 feet wide street section back of curb to back of curb. ZA06-131 Site Data Gross Acreage: 7.97 acres Net Acreage: 6.75 acres Area of R.O.W.: 1.21 acres Number of Lots: 13 single-family residential lots 3 common area lots Open Space: 2.76 acres (34.6%) Gross Density: 1.63 DU/Acre Net Density: 1.92 DU/Acre Average Lot Size: 0.28 acres (12,376 square feet) Previously Considered Development Plan Revised Development Plan Lot 6 Retaining Wall Details Grading Plan for Lot 6, Block 2 Development Plan with Aerial Proposed Erosion Control Fencing Details Development Features Development Features Proposed Tree Conservation Analysis Item 6B ZA06-131 P&Z ACTION: November 9, 2006; Approved (4-1) subject to review; regulations proposed; and, the applicant’s willingness to add a well in order to add water to the pond. Representative residential images Representative residential images Representative residential images Representative residential images City Council Action on 1st Reading City Council Action on 2nd Reading Questions? Public Works Presentation Preliminary Drainage Plan Questions? Item 6C ZA06-042 OWNER/ APPLICANT: Jerry Statham REQUEST: Approval of 2nd Reading for a Zoning Change and Development Plan from “AG” Agricultural District to “R-PUD” Residential Planned Unit Development District. The plan proposes two (2) single family residential lots on approximately 4.03 acres. LOCATION: The property is located at 3280 Burney Lane. View looking west at property ZA06-042 Site Data Gross/Net Acreage: 4.03 acres Number of Lots: 2 single-family residential lots Open Space: 0.93 acres (23.1%) Gross/Net Density: 0.50 DU/Acre Average Lot Size: 2.015 acres (87,773 square feet) City Council Action on 1st Reading Staff Recommendation on Trail Easement A survey will need to be prepared to make a definitive determination as to whether the cave is on public or private property. The City’s Master Pathways Plan does not call for any trails in this area. Easements through a minimum of two additional tracts of land will be required to connect the easement to the nearest public right-of-way. There are topography challenges that must be considered in accessing the trails within the Corp of Engineers’ property. Currently there are no designated parking areas near the trail head. If an easement is provided on this site, staff would recommend it be placed along the south boundary of the subject property, a minimum of 10 feet in width. Evaluation of pedestrian access to cave ZA06-042 – Revised PUD Regulations Proposed Concept Plan Proposed Concept Plan with Topography 572’ Elevation Lot Boundaries Open Space/Preservation Area Building Envelope Tree Preservation Area (with exception of pad sites, drives, and septic fields) Tree Conservation Analysis Item 6C ZA06-042 P&Z ACTION: December 7, 2006; vote tied 3 to 3 Peebles, Springer, Wang – to deny Morin, Faglie, Hudson – to approve Application moves forward to Council with a tie vote. No super majority rule imposed with this action. City Council Action on 1st Reading Questions? Public Works Presentation 8” Waterline along Burney Lane No Sewer in the vicinity Questions? Item 6D ZA06-152 OWNER: MCI Telecommunications APPLICANT: MediaFLO USA REQUEST: Approval of a specific use permit for a telecommunications antenna and equipment cabinet. The purpose of the request is to add one (1) UHF broadcast antenna and a generator and utility rack on the ground within the tower compound. LOCATION: The property is located at 3700 N. White Chapel Boulevard. N. White Chapel Blvd Bob Jones Park Clariden Ranch Site Propagation Map – Without Antenna Site Propagation Map – With Antenna Site Plan Site Plan Site Plan *No more than 3 separate equipment buildings/cabinets are permitted on a single lot. The applicant is proposing to increase an existing equipment shelter at the facility *The applicant is proposing that the existing plantings be permitted 8’ masonry wall shown as required with previous SUP request. Site Plan Existing Shelter Proposed equipment expansion Existing Shelter Proposed equipment expansion Site Plan Elevations Elevations City Council approved a similar SUP request for this site at their last meeting and the following conditions were placed on the approval: Required an 8' masonry wall comparable to the City Miron Water Tower site Maintain existing landscaping around the masonry wall Add 8'-10' red cedars (6-8 in number) on both sides of the access driveway into the site Irrigate the turf along the access driveway Establish a maintenance schedule of once a week in summer Replace any dead vegetation on an on-going basis Item 6D ZA06-152 P&Z ACTION: January 4, 2007; Approved (7-0) subject to review as presented. Questions? Item 6E ZA06-183 OWNER/ APPLICANT: Bruce Burleson, Kroger Food Stores REQUEST: Approval of a specific use permit for a tent sale and associated signage. LOCATION: The property is located at 2110 E. Southlake Blvd. in Village Center. E. Southlake Blvd Village Center Dr. State Highway 114 Kroger Area of Tent Sale Tent Location Tent will be 20 ft. by 30 ft. and will be completely white (no stripes) Banner will be attached to the outside of the tent and measures approximately 12 ft. by 3 ft. Proposed Tent Representative Banner Representative Pallet Sign Sign will be draped over a pallet outside the tent. Sign measures approximately 8 ft. by 4 ft. Three ground signs will be displayed immediately outside the tent. Signs measure 2 ft. by 2 ft. Representative Ground Signs Item 6E ZA06-183 P&Z ACTION: January 4, 2007; Approved (6-1) as presented. Questions? Item 6F Ordinance No. 897 Amend Chapter 18, Section 18-79 of Code of Ordinances establishing new speed limits on portions of Kimball Avenue Speed Limit Revisions March, 2006 – Lee Engineering hired to conduct vehicular speed analysis Recommendations presented reflect findings of analysis. Speed Limit Revisions Existing Conditions Kimball Avenue SH 114 Frontage Road to SH 26 – 4 lane divided – 30 mph Speed Limit Revisions Recommendations Kimball Avenue – Crooked Lane (S) to City limits - 40 mph Crooked Lane (N) to SH 114 - 35 mph Traffic Signals? Traffic Signal Warrant Studies Kimball @ Continental Blvd. Kimball @ Crooked Lane Neither intersection met Traffic Signal warrants. Speed Limit Exhibit 35 MPH 40 MPH Questions? Item 9A ZA06-143 OWNER\ APPLICANT: Preston Oaks L.P. REQUEST: Approval of a preliminary plat proposing 18 single family residential lots on approximately 19.87 acres. LOCATION: The property is located at 1331 Sunshine Ln. & 1778 E. Highland St. E. Highland St. Sunshine Ln Villas Del Sol Stanhope Ct View looking west at property E. Highland St. Sunshine Ln Villas Del Sol Stanhope Ct ZA06-143 Site Data – Preliminary Plat Gross Land Area: 19.87 Acres Net Land Area: 18.05 Acres Area of R.O.W.: 1.82 Acres Number of Lots: 18 single family residential lots Gross Density: 0.91 du/acre Net Density: 1.00 du/acre Average Lot Size: 43,680 sq.ft. (1.00 Acre) ZA06-143 Variance Cul-de-sac Length & Street Access – The applicant requests relief from staff’s recommendation to provide an additional point of street access onto E. Highland Street at the southern boundary of the site. Preliminary Plat Tree Conservation Plan Variance Request Exhibit Item 9A ZA06-143 P&Z ACTION: January 4, 2007; Approved (7-0) subject to review; specifically denying the requested variance. Questions? Proposed Subdivision Wall – Sunshine Lane Proposed Subdivision Wall – Sunshine Lane Proposed Landscaping Public Works Presentation Serviced by 6” waterline in E. Highland St and 8” waterline in Sunshine Ln Sanitary sewer (8” minimum) will be extended to the south from the Reserve of Southlake subdivision. Preliminary Utility Plan Preliminary Drainage Plan Questions? Item 9B SP06-401A APPLICANT: Chandler Signs on behalf of Armstrong Development LOCATION: Northwest corner of West Southlake Blvd. and Randol Mill Avenue REQUEST: Amendment to the Conditional Sign Permit for Jellico Square (FKA Town Lake Crossing) with regard to monument signs Location Map Site Plan 1 2C 3B 2B Previously Proposed Signs These signs were approved with the following conditions: Must meet sign ordinance 704-B (with sign cap, signs as previously proposed were 6 inches too tall) Limited to one tenant on each sign No white backing Must have back lighting with individual letters Sign 2B Sign 2C New Proposed Signs (2 Signs) Aluminum Channel Letters with white L.E.D. illumination Tenant boxes to have applied vinyl Summary of Variances Must meet sign ordinance 704-B Proposed signs are 6 inches too tall (due to sign cap) Proposed signs do comply with 704-C Limited to 1 tenant on each sign Applicant is proposing 4 tenants/sign Previously Proposed Sign Sign 3B Approved as presented New Proposed Sign (consistent with Council approval) (No variances requested) Previously Proposed Office Monument Sign Approved, under the condition that the sign reference the office park only and not contain multi-tenant listings. In addition, the applicant was asked to look at the orientation of the sign in relation to Randol Mill. New Proposed Sign (consistent with Council approval) (No variances requested) Previously Submitted Elevations New Elevations (consistent with Council approval) SP06-401A QUESTIONS? Item 9C SP07-002 APPLICANT: Starpower Home Entertainment Systems LOCATION: 1431 E. Southlake Blvd., Suite 511 REQUEST: Variance to the Shops of Southlake Conditional Sign Permit: Vicinity Map Sign A Site Plan Sign B Sign C Sign D Sign A – Northwest Elevation 26.5” 10” letters (Permitted 18” letters and logo) Sign A – Northwest Elevation Signs B, C, D, and E North, West, and East Elevations (Permitted 18” letters and logo) 50” 18” letters Sign B – North Elevation Sign C – East Elevation 50” 18 inch letters (Permitted 18” letters and logo) 50” 18” (Permitted 18” letters and logo) Sign D – West Elevation Example of a store with 24 inch letters Signs with 18 inch letters (for comparison) Previous Submittal Requested Logo Height: 55.5 inches West Elevation FM 1709 West Elevation 55.5 inch logo North Elevation (facing FM 1709) 55.5 inch logo 36 inch logo Applicant is permitted one sign on each façade visible from a street or internal drive. FM 1709 East Elevation 55.5 inch logo FM 1709 SP07-002 QUESTIONS? Item 9D - Branding Request for Bids generated three submittals Northstar Destinations - $105,000 Torch Creative - $52,500 The Richards Group - $149,500 Branding Evaluation team reviewed the proposals against the RFB Evaluation matrix Interviews with Richards and Northstar Branding Alternatives Select a vendor from the current proposals Reject all bids as submitted More narrowly define scope, interview and develop agreement less than $25,000 Hold on project Other alternatives preferred by Council? Branding Council discussion and direction Branding