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FINAL AgendaREGULAR CITY COUNCIL MEETING September 4, 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: Chaplain of the Month 3. Discuss all items on tonight’s meeting agenda. REGULAR SESSION: 6:00 p.m. or immediately following the work session 1. Call to Order 2A. Executive Session 2B. Reconvene / Action necessary from Executive Session 3A. Mayor’s Report 1. Proclamation for Polycystic Kidney Disease Awareness Month 2. Recognition of Carroll Senior High School’s Pilot Production of Phantom of the Opera 3B. City Manager’s Report 3C. Local Business Report CONSENT AGENDA: 4A. Approve the minutes from the August 14, 2007, special City Council meeting and from the August 21, 2007, regular City Council meeting. 4B. Ordinance No. 913, 1st Reading, Affecting participation of city employees in the Texas Municipal Retirement System (TMRS), granting additional rights – adopting a 20-year /any age service retirement option. 4C. This item was intentionally left blank. 4D. Ordinance No. 480-530, 1st Reading (ZA07-080), Zoning Change and Concept Plan for 1090 Primrose Ln, being Tract 2C2, A.H. Chivers Survey, Abstract No. 299. Current Zoning: AG. Requested Zoning: SF-30. SPIN #5. 4E. Ordinance No. 480-LLL, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2 Single Family Residential Zoning District. THIS ITEM HAS BEEN TABLED TO THE SEPTEMBER 18, 2007, REGULAR CITY COUNCIL MEETING. 4F. Consider SP07-232, Variance to Sign Ordinance No. 704-C for Petsmart located at 200 Village Center Dr. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE OCTOBER 2, 2007 REGULAR CITY COUNCIL MEETING. REGULAR AGENDA 5. Public Forum. 6A. Approve the Southlake Crime Control and Prevention District FY 2008 Operating Budget and multi-year CIP. PUBLIC HEARING 6B. Ordinance No. 915, 1st Reading, annual budget for FY 2008 and revised budget figures for FY 2007 and multi-year CIP. FIRST PUBLIC HEARING 6C. Ordinance No. 916 1st Reading, Tax levy ordinance. FIRST PUBLIC HEARING 6D. Ordinance No. 480-529, 2nd Reading, (ZA07-070), ORIGINAL REQUEST AS ADVERTISED: Zoning Change and Concept Plan for Woodbury Addition on Tracts 1B1A1 and 1B1A, T.J. Thompson Survey, Abstract No. 1502 and Lot 1, T.J. Thompson No. 1502 Addition located at 2100, 2020 and 2030 W. Continental Blvd. Current Zoning: SF-30, AG and S-P-1. Requested Zoning: SF-20A. AMENDED REQUEST: Zoning Change and Concept Plan for Woodbury Addition on Tracts 1B1A1 and 1B1A, T.J. Thompson Survey, Abstract No. 1502, located at 2020 and 2030 W. Continental Blvd. Current Zoning: AG and S-P-1. Requested Zoning: SF-20A. SPIN #16. PUBLIC HEARING (Tabled) 6E. ZA07-071, Preliminary Plat for Woodbury Addition on Lot 1, T.J. Thompson No. 1502 Addition; Tracts 1B1A1 and 1B1A, T.J. Thompson Survey, Abstract No. 1502 at 2100, 2020 and 2030 W. Continental Blvd. Current Zoning: SF-30, AG and S-P-1. Proposed Zoning: SF-20A. SPIN #16. (Tabled) 6F. Ordinance No. 912, 2nd Reading, Call a special election for November 6, 2007 for the purpose of amending the City Charter. PUBLIC HEARING 7A. Ordinance No. 480-QQQ, 1st Reading, Miscellaneous Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, relating to Accessory Structure Standards in Residential Zoning Districts. 7B. Ordinance No. 480-531, 1st Reading (ZA07-085), Zoning Change and Concept Plan for Shady Oaks, approx. 96.3 acres on the west side of the 800-1100 blocks of Shady Oaks Dr. and on the east side of the 1000-1200 blocks of N. Peytonville Ave, including properties located at 820, 910, 1020 Shady Oaks Dr. and 985, 1005 and 1125 N. Peytonville Ave. Current Zoning: AG. Requested Zoning: SF-20A. SPIN #13. 7C. Ordinance No. 480-476a, 1st Reading (ZA07-097) Zoning Change and Concept Plan for South Village at Watermere on Tracts 4F, 4F1, 5A1b, 6A1 and 6B4 and a portion of Tracts 4D, 4G, and 6A, J.G. Allen Survey, Abstract No. 18 located at 2271 Union Church Rd., 2811, 2809, 2815, 2801 W. Southlake Blvd. and 2477 and 2451 Union Church Rd. Current Zoning: AG. Requested Zoning: S-P2. SPIN #15. 7D. Ordinance No. 480-532, 1st Reading (ZA07-098), Zoning Change and Development Plan for South Village at Watermere on Tract 4C and 6A2 and a portion of Tracts 4D and 6A, J.G. Allen Survey, Abstract No. 18, located at 2271 and 2451 Union Church Rd. Current Zoning: AG. Requested Zoning: R-PUD. SPIN #15. 7E. Ordinance No. 480-492, 1st Reading (ZA06-045), Zoning Change for a portion of Lot 1, Block 1, Arnold Estates at 1275 Shady Oaks Dr. with access through 520 W. Highland St. Current Zoning RE. Requested Zoning: SF-1A. SPIN #11. 8. There are no items on this agenda 9A. Consider SP07-275, Variance to the Gateway Plaza, Phase II (Wyndham Plaza) Conditional Sign Permit for Michael Anthony’s at 2750 E. Southlake Blvd. Suite 140. 9B. Approve a Residential Developer Agreement for SaddleBack Ridge located northwest of the intersection of North White Chapel Blvd. and E. Bob Jones Rd. 10. There are no items on this agenda. 11. Meeting adjourned. 1251 E. Southlake Blvd., Ste. 301 (817) 310-0850 www.coalvines.com Coal Vines Pizza and Wine ITEM 4B Ordinance No. 9131st Reading: Affecting participation of city employees in the Texas Municipal Retirement System (TMRS) – adopting a 20-year/any age service retirement option; and prescribing an effective date Background Qualified retirement plan under IRS Code, section 401 Established under Texas Government Code Plan is city specific within general framework Service retirement option: Any age with at least 20 / 25* years of service. *(Southlake at higher service requirement) Background Supports Strategic Objective L3: Attract, develop and retain a skilled workforce Benchmark group: only one other city requires 25 years of service Dallas region: 7 of 32 cities* require 25 years Fort Worth region: 2 of 26 cities* require 25 years *(cities with 100 or more employees) Cost of implementation for FY 2008: $43,063 20-year rate 0.29% TMRS total rate 12.71% Effects of changing from 25 years to 20 years Personnel Other cities experience: TMRS: actual less than predicted; rates reduced 50% three years after 1996 adoption Effects of changing from 25 years to 20 years Cost TMRS: Southlake historical data suggests minimal future impact Ordinance No. 913 Adopts 20-year service retirement as provided under Title 8, Texas Government Code Effective Date of October 1, 2007 Actuarial study completed Public Hearing Required: 2nd reading: September 18, 2007 QUESTIONS?Contact Kevin Hugman Approval of the Proposed FY2008 Crime Control & Prevention District Operating and Capital Budgets City Council Meeting September 4, 2007 Item 6A CCPD FY2008 Operating Budget Presentation Strategy 4 – Enhance Community Safety through special Police Initiatives 2008… School Resource Officers 25% funded through the CCPD funds. 75% funded through the General Fund. Total salary & benefits - $262,420 x .25 $ 65,605 CCPD FY2008 Operating Budget Presentation Strategy 1 – Enhance Community safety through modern, efficient facilities. 2008…. Interim Station expenses Electrical enhancements- $12,000 HVAC repair – $15,000 Moving expenses – $ 5,000 Furnishings - $15,000 Re-surface parking - $31,000 Technology connection- $85,000 ____________________ $ 163,000 Strategy 2 - Modern Technology & Eqmt. 2008…. Fiber Optic connection to DPS West $70,000 CCPD FY2008 Operating Budget Presentation CCPD FY2008 Operating Budget Presentation Operations Budget Summary $ 65,605 - School Resource Officers $ 163,000 – Interim station $ 70,000 – Fiber optic for DPS West ___________________ $ 298,605 Operations Budget Subtotal CCPD FY2008 Operating Budget Presentation Questions/Comments? Jim C. Blagg Approval of the proposed FY2008 Capital Budget CCPD FY2008 Capital Budget Presentation Strategy 1 - Modern, Efficient Facilities 2008….DPS Central Station $741,000 – A&E services $456,250 – CM services $10.3 million – Construction ______________________ $11,497,250 CCPD FY2008 Capital Budget Presentation Strategy 2 - Modern Technology & Eqmt. 2008…. Phase 2 Town Square Security Cameras $350,000 $ 40,000 - O/M* _______________ $350,000 CCPD FY2008 Capital Budget Presentation Capital Budget Summary $ 11,497,250 DPS Central station $ 350,000 – Phase 2 security cameras ___________________ $ 11,847,250 Capital Budget Subtotal CCPD FY2008 Capital Budget Presentation Questions/Comments? Jim C. Blagg Approval of the Crime Control & Prevention District Multi-Year Capital Improvement PlanCity Council MeetingSeptember 4, 2007 CCPD Strategies CCPD Strategies Enhance Community Safety through Modern, Efficient Facilities Enhance Community Safety through the Use of Modern Technology & Equipment Enhance Community Safety through Professional Development Enhance Community Safety through special Police Initiatives CCPD Multi-Year Capital Improvement Plan DPS Central Facility Previous Year $700,000 – A&E services $933,000 – Land acquisition • FY 2008 $741,000 A&E $456,250 CM $10.3 million construction CCPD Multi-Year Capital Improvement Plan DPS Central Facility cont. FY 2009 $324,000 - A&E $426,250 – CM services $12.55 million construction 1,150,000 – FFE Maintenance staff FY 2010 $75,000 O/M costs CCPD Multi-Year Capital Improvement Plan Town Square Security Cameras Previous Year $300,000 - Phase I Grand Ave FY 2008 $350,000 - Phase II Town Square $40K - O/M CCPD Multi-Year Capital Improvement Plan DPS North Training Facility FY 2010 $192,000 - A&E FY 2011 $256,000 - A&E $4 mil - Construction CCPD Multi-Year Capital Improvement Plan DPS North Training Facility cont. FY 2012 $192,000 - A&E $4 mil – Construction $300,000 - FFE CCPD Multi-Year Capital Improvement Plan DPS West Facility FY 2012 $2 mil A&E/ Construction *City costs in black CCPD Multi-Year Capital Improvement Plan CCPD Multi-Year Capital Improvement Plan Questions/Comments? Jim C. Blagg Ordinance 915 – Item 6B FY 2008 Proposed Budget September 4, 2007 City of Southlake Strong Values. Strong Results. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Overview of FY 2008Proposed Budget Structurally balanced budget Healthy revenue growth Accomplishes priorities without tax rate or utility rate increases and maintains optimum fund balance Council Neighborhood Core Service Workforce Future financial condition All Funds Summary (Expenditures) General Fund $29,641,168 Strategic Initiative Fund $1,920,000 Vehicle Replacement Fund $955,500 Crime Control District Fund $298,605 SPDC Fund $2,380,389 Utility Fund $19,306,186 Debt Service Fund $7,264,834 Other Revenue Funds (Reforestation, Bicentennial Concessions, Park Dedication, Hotel Occupancy, Library, Recycling, Court Funds & TIF Operating) $970,035 Total Expenditures $63,427,902 Stormwater Fund $691,185 Capital BudgetFY 2008 Integrity  Innovation  Accountability  Commitment to Excellence  Teamwork FY2008 Capital Budget by Project Type Integrity  Innovation  Accountability  Commitment to Excellence  Teamwork Questions? Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Council Priority Investments Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Safety & Security Mobility Infrastructure Performance Management Quality Development Partnerships & Volunteerism Community Priority Investments Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 2006 Citizen Survey Speeding on neighborhood streets Condition of streets Storm water improvements Trash/recycling Neighborhood Investments Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Street improvements Water system improvements Sewer system improvements Drainage system improvements Street sweeping (limited) Neighborhood parks Sidewalks Core Service Investments Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Communication & technology initiatives Facility maintenance Records management Fleet management Workforce Investments Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Compensation strategies Workforce additions TMRS service provisions Promote learning & growth Workforce Additions General Fund Police Officers (3) Chief Const. Inspector Librarian Accountant Training & Safety Coordinator Accounting Asst. Other Funds Construction Manager Crew Leader Utility Workers (2) Utility Technician Multi-Year Perspective Integrity  Innovation  Accountability  Commitment to Excellence  Teamwork GENERAL FUND REQUESTS FY2008 CAPITAL BUDGET – ROADS FY2008 CAPITAL BUDGET – ROADS ROADWAY IMPACT FEE FUND REQUESTS Total Roads = $7,550,000 FY2008 CAPITAL BUDGET – WATER & SEWER WATER SEWER Total Water & Sewer = $6,120,000 FY2008 CAPITAL BUDGET – TRAILS & PARKS TRAILS PARKS Total = $2,455,000 FY2008 CAPITAL BUDGET – OTHER Total Facilities = $11,848,000 FACILITIES Total Stormwater = $2,500,000 STORMWATER Ordinance 916 Tax Levy September 4, 2007 City of Southlake Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Ordinance Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Formally sets tax rate at $.462 per $100 No tax rate increase . .31958 for general operations of the city .14242 for debt services requirements Rate exceeds effective tax rate and increases tax revenue “I move that property taxes be increased by the adoption of a tax rate of .462.” Questions? Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork ITEM 6F Ordinance No. 9122nd Reading: Call a special election for November 6, 2007, for the purpose of amending the City Charter. Why Review the Charter? Innovation Developing new approaches to local government structures or processes to “meet modern needs.” Adaptation Altering provisions to reflect new conditions and practices. The focus is on adjustment rather than innovation. Clean Up Simplify, reflect changes to state & federal law to avoid confusion and ambiguity, remove obsolete statutory references. Section 2.03 (term limits) ● This first potential amendment removes term limits for Council members, however, limits would still apply to the position of Mayor. Section 3.13 (a), 3.13 (b), and 9.42 (posting) ● Section 3.13 (a) - The purpose of this amendment is to modify our method of notifying the public of proposed ordinances and the results of the city audit. ● Section 3.13 (b) - This amendment for the use of the website, as well, to publish required notice provisions. ● Section 9.42 - This section can be amended to provide that the entirety of the audit be posted on the website, rather than a summary posted in the newspaper. Potential AmendmentMaster List Potential AmendmentMaster List - 3) Section 3.14 (emergencies) ● This amendment is designed to ensure that the City Council can meet and take action for emergencies as provided for under the requirements of the Texas Open Meetings Act. 4) Section 2.06 ● This potential amendment clarifies the role of the Mayor and City Manager for day-to-day duties of signing contracts and other conveyances, and clears up the language to be gender neutral. Section 4.14 (duties of CM) ● This amendment lists the duties of the City Manager, it would also clarify which personnel rules would need formal action by the City Council. The second part of the amendment would make it clear that the City Manager has the authority to sign official documents. 6) Section 5.02 ● Purpose of this amendment is to provide the City Council the authority to remove their appointed judge following a public hearing. Potential AmendmentMaster List Section 10.01, 10.02, and 10.05 (franchise and public utilities) ● Section 10.01 and 10.02 - This change would strengthen the city’s position with regard to row management and control. All amendment language gives Council full authority over these public places. ● Section 10.05 - Amendment would provide the Council with the authority needed to effectively manage the franchise utilities that locate within these public places. Section 4.02 and 7.11 (office) ● The proposed amendment clears up some confusion regarding the Council’s ability to appoint Council members to official boards. It simply grants Council the ability to appoint their choice to these positions. 9) Section 1.06 (b) et al. ● Amendment is designed to allow us to revise the sections noted to bring them into compliance with state law. 10) This amendment will make non-substantive grammatical and textual corrections throughout the Charter. Possible Amendment Language – Section 2.03 (terms) No person shall serve as Mayor for more than two (2) successive elected terms and no person shall serve as Council member for more than two (2) successive elected terms. A term of office shall be defined as an elected period of three years. This provision shall apply to all elections held subsequent to the adoption of this Charter. Possible Amendment Language – Sections 3.13(a)/3.13 (b)/9.42 (Posting) 3.13 (a) – The City Secretary shall publish post the proposed ordinance or its caption and penalty in its entirety on the City website together with a notice setting out the time and place for a public hearing and for its consideration by Council at least ten (10) days before the second meeting at which the ordinance is considered. 3.13 (b) Except as otherwise provided by law or this Charter, the City Secretary shall give notice of the enactment of every ordinance imposing any penalty, fine or forfeiture for any violation of any of its provisions, and of every other ordinance required by law or this Charter to be published, by causing the ordinance or its preamble and penalty, to be published at least one (1) time within ten (10) days after its final passage, in the official City newspaper, or website if permitted by law. The affidavit of such posting or publication by the publisher of the newspaper or by website administrator taken before any officer authorized to administer oaths and filed with the City Secretary, shall be conclusive proof of the legal publication and promulgation of such ordinance in all courts. 9.42 - Upon completion of the audit, the results thereof in a summary form shall be published immediately in the official newspaper of the City the audit shall be immediately posted on the City’s website in its entirety and copies of the audit placed on file in the City Secretary's office as a public record. Possible Amendment Language – Sections 3.14 (emergency mtgs.) 3.14 - To meet a public emergency affecting life, health, property or the public peace, or to take action on any item authorized to be discussed at an emergency meeting as defined by the Texas Open Meetings Act, the Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, except in conjunction with the selling of bonds, refunding bonds, notes, leases or other evidences of indebtedness, grant, renew or extend a franchise, or regulate the rate charged by any public utility for its service. Possible Amendment Language – Sections 2.06 2.06 - The Mayor shall preside over the meetings of the Council and shall perform such other duties consistent with the office as may be imposed upon him/her by this Charter and by ordinances and resolutions passed in pursuance thereof. The Mayor shall participate in the discussion of all matters coming before the Council and shall have a vote on all matters before the Council. The Mayor may shall sign, after authorization by the Council, all contracts and conveyances made or entered into by the City, and all bonds, warrants and any other obligation issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. The Mayor shall be recognized as the official head of the City by the courts for the purpose of enforcing military law and for all ceremonial purposes. Possible Amendment Language Section 4.14 (duties of CM) 4.14 - (10) Prepare personnel rules subject to the approval of the Council, if a rule or policy has financial implications, and provide notice of all revisions to the City Council. (12) The City Manager shall also have the power to sign all contracts and conveyances made or entered into by the City. Possible Amendment Language – Section 5.02 (MC Judge) 5.02 – A Judge shall serve for a two (2) year term, subject to removal by a majority vote of the entire City Council after an opportunity for a public hearing. Possible Amendment Language – Sections 10.01/10.02/10.05 (franchise and public utilities) 10.01 - In addition to the City's power to buy, construct, lease, maintain, operate, sell and regulate public utilities within or without the City limits, 10.02-(a) The sole right of control, easement, use, ownership of and title to the public streets, sidewalks, highways, bridges, alleys, public places, and other real property of the City is hereby declared to be inalienable, except by ordinance adopted by a majority of the City Council. 10.05(a) Whether or not it is stated in the franchise ordinance, all grants, renewals, extensions, or amendments of public utility franchises shall be subject to the right of the City, as provided by ordinance: (eb) The franchise shall restore at the franchisee’s expense, all public or private property to a condition equally as good as or better than before distributed by construction, repair or removal. The franchise holder in opening and refilling of all earth openings shall re-lay the pavement and do all other work necessary to complete restoration of streets, sidewalks or grounds to a condition equally as good or better as when disturbed. Possible Amendment Language – Sections 4.02 and 7.11 (office) 4.02 - A person who holds a salaried or elected position with the City is not eligible to serve on a City board or commission, unless authorized by vote of the City Council. This subsection does not prevent a person who holds a salaried or elected position with the City from serving on the board of an entity created under state law after a vote by the citizens at an election creating the entity. Possible Amendment Language – Sections 4.02 and 7.11 (office) 7.11 - No person elected to the Council shall, during the term for which he/she is elected to the Council, be appointed to any compensated office, position, or employment in the service of the City, and no former member of the Council shall hold any compensated, appointive city office or employment until one year after the expiration of the term for which he/she is elected to the Council. Shall the Southlake Home Rule Charter be amendedto bring it into conformance with state law by: revising Section 1.06(b) relating to the right of the City to be a participant in litigation; revising Sections 2.08(c), 7.01, 7.24 and deleting 7.03, 7.10(b), 7.10(c), 7.20, 7.21 and 7.23 relating to elections; revising Section 5.03 regarding the municipal court clerk; revising Section 9.05 regarding public notice and hearings on the City budget; revising Section 9.43 regarding purchasing; revising Section 12.18 regarding amendments to the Charter and to delete obsolete or unnecessary references to state law throughout the Charter? Possible Ballot Language ITEM 9B Saddleback Ridge Estates Approve Residential Developer’s Agreement Saddleback Ridge Estates Site Location Saddleback Ridge Estates 2,300 LF PAVEMENT 2,300 LF WATER LINE 3,200 LF SANITARY SEWER 1,240 LF OFF-SITE WATER 2,300 LF OFF-SITE FORCE MAIN PROPOSED LIFT STATION Saddleback Ridge Estates 32 Lot Subdivision – Located at the northwest corner of White Chapel and West Bob Jones Road. Proposed Residential Developer’s Agreement Standard Agreement Requests for city participation for public improvements W. Bob Jones Road Paving Improvements ($58,820) Lift Station Improvements ($4,000) Waterline Upgrade ($17,360) Total City Participation Request = $80,180 QUESTIONS? Saddleback Ridge EstatesImpact Fees Fort Worth Water - $49,152.00 Southlake Water - $60,665.92 Sewer - $37,804.80 Roadway - $47,861.44* *No proposed roadway capacity improvements – cannot be used to improve roadway