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Item 4BX-,A Ly 111 "J "LAXA"AX�j 1�+ANV MEMORANDUM February 7, 2006 TO: Honorable Mayor and Members of City Council FROM: Shana K, Yelverton, City Manager SUBJECT: Agenda Item Comments and Otber Items of Interest for City Council Meeting February 7, 2006 4A, Mayor's Retort 1. Proclamation to the Carroll Senior High School football team - The Mayor will present a proclamation to the Carroll Senior High School football team and coaching staff in recognition of their perfect season and their recent win of the Class 5A Division 11 State Championship game. 2. Presentation from Verizon -- Barbara Walker will make a brief presentation to City Council recognizing SouthIake as one of their cities to receive fiber optic cable, 413, City Manager's Report -- No report is planned, 4C. School Board Reports - Carroll ISD Superintendent Dr, David Faltys will make a brief presentation to Council. 5A. Approve the minutes for the January 17, 2006, regular City Council meeting. Contact Lori Farwell with questions on this item. 513. Consider excusi members of the City Council for absences from meetings. Mayor Pro Tem Sharildand was absent from the January 17 meeting. 5C. Authorize the City Manager to enter into a professional services agreement with Webb Watch for control assessment services. In March 15, 2005, City Council approved the City Manager's transition plan. Included in the plan were internal audit services. The FY2005 -06 adopted budget also included funds for internal audit services. Webb Watch will provide several Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 2 of 23 control assessments for the city that is consistent with an internal audit function. Webb Watch will complete the following assessments: • Utility Department: high -level assessment of controls surrounding meter reading, billings and collections. Perform a comparison of utility billing records to the Tarrant County Appraisal District (TAD) records for potential identification of missing utility addresses, potential rental properties claiming exemptions, etc. • Process Associated with Major Contracts: high -level assessments of controls surrounding major contracts (i..e.. initiation, change orders, monitoring and reporting). • Treasury Management: high -level assessment of controls surrounding Treasury Management - specific focus on controls surrounding wire transfers and investment activities. • Follow -up to business assessment of Finance Department: high -level review of major activities of the Finance Department pertaining to fulfilling its expected responsibilities. The consultant will work under the direction and coordination of Assistant City Manager Jim Blagg, Contact Sharon Jackson or Jim Blagg with questions on this item.. 5D. Authorize the Citv Manner to enter into a professional services agreelnent...._wi Matrix Consulting Group to conduct a management study of the Department of'Community Services. One of the initiatives of the City Manager's transition plan was to conduct management studies of the larger operating departments to identify opportunities for improved resource utilization. The scope of the Community Services study is intended to be comprehensive and the areas of review will include: • Workload, staffing and deployment • Organization structure • Management systems + Recruitment and training • Policies and procedures • Use of technology • Fleet size and utilization • Comparison of parks and recreation operations to industry best practices • Space needs assessment Honorable Mayor and Members of City Council Agenda Item, Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 3 of 23 • Long term community needs • Potential long term impact of programs and services on operating budget The Matrix Consulting Group has experience conducting management reviews and feasibility studies of parks and recreation agencies. In addition, the project team has conducted several hundred operations studies around the nation. You may recall that the Matrix Consulting Group conducted the DPS study for the City Iast year, and staff was impressed with the work they performed. Matrix has also worked with many communities similar to Southlake in regards to population, high quality of life, and high development standards. A fixed priced fee of $54,200 has been negotiated with Matrix that includes all professional fees and travel costs. $50,000 was budgeted for the current fiscal year to conduct this study. The remaining $4,200 is available out of the Community Services budget due to savings from position vacancies during the first quarter. In addition, prior experience has shown that the cost of the study will be recouped as a result of implementing recommendations which reduce or avoid increases in operating costs. Contact Ben Thatcher with questions on this item. 5E. Appoint Robert H. Price P.E. as Director of the Department of Public Works, Robert Price has accepted our offer and will begin work on February 27 subject to your confirmation, Mr. Price has served as assistant director of public works for the City of Grapevine for the past 7 years, with a total of 17 years municipal service experience, He has also worked as a consulting engineer in the private sector. Mr. Price has a Master's of Business Administration degree from the University of Texas at Arlington, and received a Bachelor of Science degree in Civil Engineering from Texas A &M University, He also is a Texas licensed professional engineer'. Bob brings extensive experience to the position, and I am confident that he will be an asset to the city's senior management team. Contact me with questions on this item. Honorable Mayor and Members of City Council Agenda Item Comments and Otber Items of Interest City Council Meeting February 7, 2006 Page 4 of 23 5F, Resolution No. 06 -010 Approve State Transportation Enhancement Program STEP call for rrgiects. In November 2005, Texas Department of Transportation (TXDOT) issued a call for projects through STEP. This program is primarily federal transportation funds can for bicycle and pedestrian improvements. City staff is proposing to submit a total of five projects for funding under this program. Four of these projects are for pedestrian improvements along Dove Street and Carroll Avenue and the last is to develop a landscape plan for the S,H. 114 right- of-way that will augment the urban design study. The program requires that the local authority adopt a resolution to demonstrate public support for the submitted projects. Contact Ken Baker with questions on this item. 5C. Approve a Commercial Developers Agreement for St. John's Missionary Baptist Church,a 10.49 -acre tract located on the southwest corner of' South Kimball Avenue and Crooked Lane. The final plat for St. John's Missionary Baptist Church was approved on September 12, 2005. The developer will construct 750 LF of public water lines covered by this developer's agreement, and pay a park fee of $12,588.00 ($1,200.00 per acre for 10.49 acres). This is the City's standard commercial developer's agreement. Contact Charlie Thomas with questions on this item„ 5H. Consider award of bid to North Texas Contracting, Inc. for the State Hig 114 at Dove Road water line reconstruction and Continental Boulevard waterline reconstruction. Last year a significant waterline leak was discovered at Dove Street and S.H. 114. After thorough investigation, it has been determined that the existing 18" line at S.H. 114 and Dove failed at a location deep inside a casing under S.H. 114 making repair impractical. Replacement will consist of slipping a 12" line inside the existing 18" line. The reduction in capacity will not have significant system impacts. In October of last year, a waterline break was discovered on Continental Blvd. The existing 12" waterline on Continental Blvd. failed at a 45 degree bend underneath an existing box culvert, just east of Ridgewood Circle, making repair of the line impractical. Replacement will Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 5 of 23 consist of 600 LF of a new, more flexible 12" line that will be bored parallel to the existing line eliminating the need for 45 degree bends underneath the box culvert, Three bids were received on January 10, 2006. The bids have been reviewed by Cheatham and Associates and staff and are tabulated as follows: BI DDER :[D AMO i� North Texas Contracting $161,09600 Brett Construction Co, $217,757.00 Barson Utilities $218,849.50 It is recommended that the City Council award the contract to the low bidder, North Texas Contracting. Contact Charlie Thomas with questions on this item. 51, Consider award of bid for State and City right-of-way mowing, Tyre FY 2005 -06 budget contains a line item amount of $103,000 for contract mowing services to include State and City right-of'-ways including FM 1709, FM 1938, and Highway 114. The previous right -of -way mowing contract expired at the end of 2005. Not included as part of the proposed award are median, intersection, and municipal facility mowing and landscape maintenance. These items are included under separate bid specifications which have been prepared and are currently advertising. Bids were opened on January 27, 2006, in compliance with applicable laws and procedures.. Four companies responded to the bid request with the low bid submitted by TruGreen LandCare of Fort Worth in the amount of $51,990,66. Per the specifications, the award is based on the bid which offers the best value to the City when considering price, professional competence, financial integrity, and minority owned and /or Southlake business„ The City per'fonned a review and reference check on TruGreen LandCare with the cities of Grapevine, Hurst, and Keller. All three cities indicated they were pleased with the services Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 6 of 23 provided and that TruGreen performed in a professional and responsive manner. TruGreen has operated under its present name for over six years (previously Minors Landscape) and they are a subsidiary of Service Master which is a national company incorporated in 1947. Based on a review of the top bidders using the weighted criteria, TruGreen LandCare scored highest with regard to providing the City the best overall value. Please contact Steve Polasek with questions regarding this item. S.I. Consider donation of art work fi'om Dr. Ray Chancellor. Dr. Chancellor, a Southlake resident and noted naturalist and birdwatcher, has offered a set of four framed watercolor prints of native Texas birds found in the Cross Timbers habitat to display in the Bicentennial Park Community Center or other public buildings as the City may deem suitable. The artwork is valued at approximately $600 and the Public Ards Advisory Committee recommended approval of the donation at their January 24, 2006 meeting. Please contact Steve Polasek regarding this item. 5K, Resolution No. 06 -009 Approve Settlement A rcement with TXU, Southlake is a member of a 109 - member city coalition known as the Steering Committee of Cities Served by TXU. After months of consideration in 2004, the Steering Committee recommended that TXU be forced into a full scale review of its historic cost of service, something that had not occurred in more than a decade. In the fall of 2004, twenty Steering Committee cities passed resolutions requiring TXU Electric Delivery to show cause why the non -by- passable transmission and distribution charges should not be reduced. The Steering Committee and TXU reached a settlement in early 2005 to delay the filing of rate information by TXU until the summer of 2006. The settlement terms called for TXU to work with cities on certain items of concern and to make almual cash payments of $8 million to the Steering Committee, which was then dispersed to member cities (Soutblake's portion was approximately $25,298). Over the past several months, TXU and the Steering Committee have been discussing the possibility of modifying and extending the terms of the original settlement agreement and delaying TXU's July 2006 rate case filing. After comparing the benefits to be derived from Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 7 of 23 accepting the settlement and delaying the rate case against the likelihood of success in achieving positive outcomes for residential and city - specific issues in a rate case, the Steering Committee approved acceptance of the settlement agreement earlier this month. Please see Sharen Jackson's packet memo for key items of the Settlement Agreement. All Steering Committee member cities must take action to approve the settlement in order for the benefits to flow to any member. All payments to be made by TXU will not be released until the settlement is fully ratified. The Steering Committee will hold a meeting on February 9, 2006 to discuss how the settlement funds payable to the Steering Committee will be allocated to member cities. Staff is anticipating the allocation will be distributed similar to the previous settlement agreement. Contact Sharen Jackson with questions on this item. 5L. Ordinance No. 480 -477, l Reading, (ZA05 -149 ) Zoning Change for 680 East Dove Road being legally described as Tract 21301A J.L. Chivers Survey, Abstract No. 348. Current Zoning: AG Agricultural District. Requested Zoning: SF- lA Single Family Residential District. SPIN Neighborhood #3. Jerry and Patricia Gilliland are requesting approval of a change of zoning from "AG" Agricultural District to "SF -1A" Single Family Residential District on approximately 2,00 acres. The intent is to remove the existing residence and construct a single new home in approximately the sarne location. A single lot plat showing has been submitted for review in conjunction with this zoning change, The plat will be approved administratively if the zoning is approved. The Planning and Zoning Commission recommended approval (7 -0) as submitted on January 19, 2006, Contact Ken Baker with any questions on this item. 5M. ZA05 -145 Revised Site Plan for Soutblake Corners --- McAlister's Deli located at 100 North Kimball Avenue at the northwest corner of East Southlake Boulevard and North Kimball Honorable Mayor and Members of'City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 8 of 23 Avenue. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #8. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. 5N Ordinance No. 585 -C 2' Reading, Tree Preservation Ordinance and Technical Manual. THIS ITEM IS TABLED TO THE MARCH 7, 2006, CITY COUNCIL MEETING. The Tree preservation ordinance has been tabled until March 7, 2006 pending the City Attorney's hnaI review of the ordinance. Contact Ken Balser with any questions on this item. 50, ZA05 -156 Site Plan for the Sho s of Southlake — Building A3 located at the southeast corner of East Southlake Boulevard and South Carroll Avenue. Current Zoning: SP -2 Generalized Site Plan District. SPIN Neighborhood 48. PUBLIC HEARING (Note: A variance to the maximum height of the acoustic wall located near the southern property boundary may be considered in conjunction with this site plan.) THIS ITEM HAS BEEN REQUESTED TO BE TABLED BY THE APPLICANT TO THE FEBRUARY 21, 2006, CITY COUNCIL MEETING. 5P. Consider Variance to the Noise Ordinance No. 778 as it pertains to certain commercial operations of the proposed retail center known as the Sh ops of Southlake located at the southeast corder of East Soutblake Boulevard and South Carroll Avenue. THIS ITEM IS TABLED TO THE FEBRUARY 21, 2006, CITY COUNCIL MEETING. 5Q. Award of bid to Structures and Interiors Inc. for renovation of existing offices ace at Southlake Town Hall 1400 Main Street. The major purpose of this renovation project is to relocate personnel from the Building Service division currently located at DPS East (667 N, Can Ave.) to Town Hall to allow for improved customer service and coordination between this division and planning, economic development and public works personnel. This relocation will result in most of the development related services being physically located in Town Hall and eliminates the need for developers, builders and citizens to travel to multiple locations in order to have permits and plans approved and questions answered. The renovation will also improve efficiency in regards to the development review process. Also, included in this project Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 9 of 23 are minor renovations to Utility Billing and Courts, designed to make better use of space in those locations. The major portion of the renovation will take place in Suite 250, Suite 250 is located on the second floor at the northeast corner of the building and consists of the area in and around the visitor's booth located in the lobby area. Seven personnel flora the Building Services division will relocate to Town Hall fi °om their current location at DPS East. This will include the Chief Building Official, three Flans Examiners, a Landscape /Zoning Inspector', and two administrative personnel. The scope of work includes the construction of work spaces, cabinet work, installation of data and phone wires, new carpet, enlarge the existing information window, construction of counter space and the construction of a moveable lobby cabinet to store applications and forms. Estimated construction cost is $43,965. Additional minor work will take place in Suites 200 (Utility Billing) and 220 (Courts).. The work in Utility Billing includes the building and installation of a counter extension and the mounting of the cash drawers under the new cabinet. The renovation will result in an improved work space and customer service. Estimated construction cost is $1,248. The work in Courts includes the removal of a wall and door from the end of the existing counter, replace the existing counter with a new counter that is three feet longer, build and install shelving between the windows and construct a countertop extension, The renovation will result in increasing the work area space and irrrproved customer service. Estimated construction cost is $2,149. Other project costs include $345.00 for additional phone and data stations. The project was initially bid in December of last year. However, the city only received two bids and there was a large discrepancy in the bid amounts. As a result the city re -bid the contract and in January received three bids The bids received were as follows: RUMOR Structure & Interiors, Inc. $47,977.00 New World Industries, Inc, $52,990..00 Tyson Build Corporation $56,71 5.80 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of'Interest City Council Meeting February 7, 2006 Page 10 of 23 The low bidder is Structures & Interiors, Inc. with a bid in the arnount of $47,977. Funds for this renovation project were approved in the budget as part of the Strategic Initiative Fund. Contact Ken Baker with any questions on this item. 6. Public Forum There is a possibility that Mr. Gary Hargett of 1111 S. White Chapel Blvd may speak at public forum.. He has a complaint regarding the use of paintball guns on a nearby property, On 1- 21 -06, he called the police with regard to the disturbance caused by the paintball guns and an officer was dispatched to the location, The officer took no enforcement action on the platter due to the fact that our weapon discharge ordinance refers specifically to guns capable of discharging an object at a velocity in excess of 300 feet per second. The maximum industry regulated velocity in the United States for paintball guns is 300 feet per second, thereby excluding paintball guns from our ordinance, Contact Rick Smith with questions on this item. 7A,. Ordinance No. 480 -474 2' Reading, ZA05 -091 Zoning Change and Concept Plan for Stonebrid e Parr Phase Il being approximately gpproximately 12.27 acres located at 2502 West Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #15. PUBLIC HEARING Approximately 17,000 square feet of retail and 49,000 square feet of office space are proposed, During the first reading of this item oil January 3, 2006, the City Council requested the applicant reorient the two southern most buildings (buildings 1 &2) in the development in a manner that the structures would front on FM 1709 and the parking would be located in the rear and screened from the roadway. During the second reading of this item on January 17, 2006, the applicant presented a revised plan that changed the parking lay out but did not reorient the buildings (See Attaclunent C- page 1 of the staff report). City Council again requested that the applicant revise the plan such that the two southern most buildings (buildings 1 &2) are fronting on FM 1709 and the parking would be located in the rear. The applicant has submitted a revised plan that adheres to City Council's request (See Attachment C- page 2 of the staff report). However, the applicant has submitted a letter to the city requesting that the plan Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2066 Page I1 of 23 presented to City Council on January 17` (Attachment C- page 1) be approved instead of the latest revised plan (Attachment C -page 2). This letter is included in the staff report and the applicant has provided justifications for the request (See Attachment C — page 3 of the staff report). Contact Ken Baker with questions on this item, 7B. ZA05 -153 Site Plan for Vermilion Court Garden Offices located at 2900 West Southlake Boulevard, Current Zoning: 0-1 Office District. SPIN Neighborhood #15. PUBLIC HEARING Panorama Properties is requesting approval of a site plan for the development of one medical office building and one general office building for a total of 13,540 square feet on approximately 1.65 acres. The site plan is in conformance with the approved concept plan and "0 -1" zoning. The applicant and the adjoining resident to the north have agreed to the type of fence and screening between the properties and maintenance of the subdivision monument structure located adjacent to the property. A letter summarizing the agreement is included as part of attachment `C' in the staff report„ The Planning and Zoning Commission recommended approval (7 -0) subject to site plan review summary No. 2, dated January 13, 2006; and, subject to the following conditions: • Easement provided for the subdivision monuments; • Landscaping around the monuments to be incorporated into site irrigation plan; • Wrought iron fence on the north property line be carried across the length of the property and that it be augmented with live plantings and have stone columns every 30 feet; • North bufferyard be widened to the width of 14 '/2 feet to accommodate the fence and the plantings. Contact Ken Balser with questions on this item. Honorable Mayor and Members of'City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 12 of 23 7C. Resolution No. 06 -008 ZA05 -159 Specific Use Permit renewing the worship facility use for St. John's MissionM Baptist Church located at 2805 Market Loop, Suite 300. Current Zoning: I -1 Light Industrial District. SPIN Neighborhood #7. PUBLIC HEARING The purpose of the request is to receive approval for an extension of a specific use permit previously approved by City Council to permit a church use within the "I -1" Light Industrial District. The applicant needs an extension to occupy the current location while they construct their permanent facility on S. Kimball Avenue. The Planning and Zoning Con - emission recommended approval (7 -0) subject to concept plan review summary No. 1, dated January 13, 2006; and, limited to the current tenancy plus six months after they vacate. Contact Ken Baker with questions on this item. 7D. Resolution No. 05 -071 ZA05-131 Specific Use Permit to allow sales from kiosks on propert located in the Grand Avenue District Southlake Town S ware• described as Lots 4 and 5 Block 13 Southlake Town Square. Current Zoning: DT Downtown District. SPIN Neidrborhood 48. PUBLIC HEARING On behalf of Southlake Town Square, Grand Avenue, L..P is requesting approval of a specific use permit to allow sales from Kiosks.. The Plarming and Zoning Commission recommended approval (7 -0) limiting sales to Block 13, Lots 4 and 5; subject to Specific Use Permit Review No. 1, dated October 28, 2005; and further pointing out this approval is not defining a "kiosk" and that permanent kiosks will need elevation approval. The item was tabled at City Council in November of 2006 with direction given to the applicant to create regulations specific to the kiosks and to redesign the layout such that the view corridor along Federal Way through the Plaza Park is preserved. The proposed regulations and kiosk structures are included in attachment `C' of the staff report. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of'Interest City Council Meeting February 7, 2006 Page 13 of 23 The revised plan proposes four kiosk structures with a maximum size of approximately 12 feet by 18 feet located adjacent to the Plaza Park and ,just inside the right-of-way intersections of Federal Way and Grand Avenue, Contact Ken Baker with questions on this item. 7E. ZA06 -004 Plat Revision for r'a osed Blacks 3R2 4R1 12 -14 17 and 18 Southlake Town S care• being a revision of Lot 3 Block 4R and Lot 2 Block 3R1 Southlake Town Square Phase I and being portion of land in the Richard Eads Survey. Abstract No. 481. The propert is bounded by State Highway 1 14 on the north side and Southlake Town S uare Phase One on the south side. CurTent Zoning. DT Downtown District. SPIN Neighborhood #8. The purpose of this plat is to create lots for the kiosks proposed in the previous agenda item. A preliminary plat and plat revision were approved in October of 2004_ A second plat revision was approved in November of 2005, but reproved the proposed kiosk lots. The Planning and Zoning Commission recon approval (7 -0) subject to plat review sunnnary No. 1, dated January 13, 2006, Contact Ken Balser with questions on this item. 7F. Consider SP06 -055 Variance to Sian Ordinance No. 704 -B for Southlake Town S uare. This is a variance request to allow four banner signs to exceed the maximum area, maximum duration and to allow three signs to be located over a public street and one sign to be located on the pavilion in Rustin Park. The purpose of the signs is to announce the grand opening of the Grand Avenue district. The signs are proposed to be up fr'orn March 10 through April 10, 2006. The specific variances requested are as follows: Sign Reg, Permitted Reguested Maximum Area 50 square feet 72 square feet Duration 15 days 32 days No Signs Projecting On /Over Public ROW Only allowed with the permission of the City Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 14 of 23 Contact Ken Baker with questions on this item. 7G. Consider SP06 -056 Variance to Sigg Ordinance No. 704 -B for Southlake Town Square located at the northeast corner of East Southlake Boulevard and North Carroll Avenue. This is a request to extend the duration of the existing development sign located at the northeast intersection of E. Southlake Boulevard and S. Carroll Avenue until March 31, 2007. The applicant is also requesting permission to change the sign face of the existing development sign as needed throughout the year to accornrnodate different events, but remain consistent with the existing graphic style, The only significant style change would be the announcement for the Grand Avenue district grand opening which would be up from March 6 through April 10, 2006, The exhibit is in the staff report, The dimensions of the sign will not change. The specific variances requested are as follows; Sign Reg. Permitted Requested Maximum Height 5 feet 1675 inches (as previously approved) Sign Area 32 square feet 152 square feet (as previously approved) Duration 1 year 1 additional year (2 years total) with ability to change sign face Contact Ken Balser with questions on this item. 7H. Consider landscape plan for Southlake Town Square Grand Avenue District State Highwa 114 frontage. During City Council's consideration of the plans and budgets for Plaza Park and State (now McPherson) Park in December, the applicant was asked to bring back a landscape plan for the SE, 114 frontage area of the Grand Avenue district. The applicant has provided staff with the plan and wishes to explain their proposal to the City Council. Contact Ken Baker with questions on this item. 7L Consider amending the Brownstones at Town Square, Phase l Commercial Develo er Agreement. On October 16 2004 the City Council approved the Commercial Developer Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 15 of 23 Agleement with Coo er and Stebbins for the Brownstones at Town Square, Phase I. Included as part of the Agreement is the dedication of Summit Park (2.054 acres) to the City and construction of park amenities by Cooper and Stebbins. The City paid Cooper and Stebbins the sum of $150,000 for the improvements as outlined in Exhibit A of the Agreement. Council approved the final park plans at the December 6, 2005 meeting, Subsequent to the approval of the Agreement, the developer is requesting Council consideration of an amendment providing for dedication and conveyance of the Summit Park property to the City, and to complete the park improvements following such conveyance in accordance with previously approved plans and financial considerations, Should Council wish to approve an amendment to the Brownstones at Town Square, Phase 1, Commercial Developer Agreement, an amendment document has been prepared and reviewed by the City Attorney. The financial impact to the TIF fiurd is anticipated at $80,000 resulting from the avoidance of rollback taxes on the Summit Park property. Taxing districts in the TIF include the City of Southlake, Carroll ISD, Tarrant County, Tarrant County Hospital System, and Tarrant County College_ Please contact Steve Polasek or Sharen Jackson with questions regarding this item 8A.. Ordinance No. 512 -A I 5t Reading, Amending Ordinance No. 512 which levied assessments for R ail of the cost of sanitary sewer improvements in Continental Park Estates in the City of Southlake Texas. In 1990, City Council approved Ordinance No. 512 which levied a sewer assessment for sanitary sewer improvements in Continental Parr Estates, Purchase liens were imposed on all lots within the subdivision until full payment of the assessment. The ordinance imposed an interest rate of 10% per annum. There were a total of 69 lots assessed. There are 9 lots remaining with unpaid balances. In an effort to close the outstanding assessments and provide an incentive for the residents to pay the assessments, we are recommending a six month incentive period with an interest rate of 4.5% for the outstanding balances, The interest collected per lot would be reduced by $5,728 (difference from $7,924 to $2,196), If you have any questions, you may contact Sharen Jackson. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 16 of 23 10A, Consider SP06 -081 Conditional Sim Permit per Ordinance No. 704 -B for Shops of Southlake located at the southeast confer of East Southlake Boulevard and South Carroll Avenue. This is a request for the approval of the entry feature and multi- tenant sign structure at the intersection of E. Southlake Boulevard and S. Carroll Avenue (Sign 1) and the multi- tenant shopping center' sign structure at the entry drive on S. Carroll Avenue (Sign 2), Sign 1 is approximately 26.5 feet in height from the finish floor elevation of the adjacent building, 16 feet wide and 16 feet deep. The sign is integrated into adjacent building by an outdoor seating area and fire place into to serve a restaurant tenant. Sign 2 is approximately 12 feet in height, 3 feet wide and 7 feet deep. Both signs exceed the permitted maximum for height, width or area. The applicant requests approval as proposed. Sign Reg. Permitted Regues�ted Sign 1 / Sign 2 Maximum Height 6.5 feet 26.5+ / 12 feet (Including base) Max.. Sign Pace 50 sf /sign face 100 sf /complies Area 100 sf total 300 sf /complies Max. Sign 70 sf / side 432 sf /84 sf Structure Area 140 sf total 1,728 sf /168 sf Contact Ken Baker with questions on this item, 10B. Consider final design and cost for the public park proposed within the Shops of Southlake development. Over the past several months the City has been working with Cencor Realty Services on the development of park plans for a proposed park within the Shops of Southlake. As previously presented, the park is approximately 32,400 feet in size, will feature an eighteen foot high fountain in the center, tables and seating, refined landscaping, decorative pavers and fencing, hardscape features, up- lighting, and irrigation. The proposed budget for the park Honorable Mayor and Members of City Council Agenda Item Conunents and Other Items of Interest City Council Meeting February 7, 2006 Page 17 of 23 design and construction is $800,000 with the developer committing to fund 25% of the cost. The City would be responsible for the remaining 75 %. The initial park design and amenities resulted in a cost of approximately $904,000, exceeding the proposed project budget. At the January 17, 2006, City Council meeting a revised project budget of approximately $$10,000 was presented. The revised budget maintained the integrity of the initial design and was accomplished through a variety of means including the selection of alternative site furnishings, pavers in lieu of concrete, removal of four pole lights and the column lights, removal of four tree grates, fence and railing design modifications, and removal of the table umbrellas. Through further project refinement staff and Cencor Realty have identified additional cost savings resulting in potential deductions and /or cost savings totaling $114,834.. This equates to a base budget of $789,157.68, and includes the umbrellas as part of the base budget should Council so choose. A list of these items is included in your packet and will be presented for consideration at your meeting. In addition, staff and Cencor Realty are also exploring additional savings resulting from sales tax exemptions related to the purchase of materials far the park project, Cencor is currently working with their contractors to identify material costs and an exact cost savings amount is not known at this time. Please contact Steve Polasek regarding this item. l OC. Resolution No. 06 -003 Approving the terms and conditions of a ro °am to romote economic development and stimulate business and commercial activity in the City and approving the form of certain declarations and restrictive covenants affecting rn ert the City anticipates accepting as a public authorizin the Mayor to execute an agreement with Carroll /1709 LTD. a Texas limited artner'shi by Carr011/1709 One L.C. a Texas limited liabilit company, its General Partner for such purposes; and providing an effective date. Resolution 06 -003 provides for the approval of the Chapter 380 Agreement for the Shops of Southlake Development. All material aspects of the agreement are as discussed previously with Council, with the exceptions referenced below: Honorable Mayor and Members of City Council Agenda Item Comments and Other items of Interest City Council Meeting February 7, 2006 Page 18 of 23 Elements include: 1. Reimbursement to the developer for the cost of constructing an off-site sidewalk from the southwest comer of the property, southerly along the east edge of S. Carroll to connect with Westmont Drive. This reimbursement shall not exceed thirteen thousand dollars ($13,000) and shall be paid upon construction by the Developer and acceptance by the City. 2. A waiver of all costs of water necessary to water the southernmost bufferyard for a period beginning with plant material installation and expiring one (1) year fi °om the date of issuance of a Certificate of Occupancy for the first tenant. (Approx. cost of $3,000) 3. A payment of six thousand dollars ($6,000) to the developer from the City's Tree Fund upon installation by the Developer and acceptance by the City of canopy trees in the southerrrinost bufferyard in accordance with approved plans. 4. Acceptance of approximately 32,402 sf of land as a public park, tentatively named Central Park (pending Council approval). On September 12, 2005, Park Board recommended approval of the dedication for park land, Note: Though the Developer has provided us with their title commitment and other related documents, and their Phase I Environmental Assessment, the City has not obtained a title policy or' commitment on the property, nor obtained its own environmental report. Furthermore, the Developer is offering only a Special Warranty Deed, which warranty provides only that the Developer has not created any title problems, and the Developer's deed will be from a limited partnership, whose only asset will undoubtedly be the property, so if the Developer lost the property, the warrant will be essentially worthless Therefore, if there exist any pie- existing title defects, the City could be damaged, up to and including the loss of the park. Our legal counsel has indicated that the title material provided to us is clean except that the Developer has a purchase money lien on the entire property, including the park property. According to the Developer, the Developer's leader will release its lien on the park property, and we are requiring that release, so, based on the title work provided, the City should have Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 19 of 23 good title otherwise. However, though none are expected, without a title policy of our own, we will be somewhat exposed to title defects. 5, Waiver of the Park Dedication Fee in the amount of $34,800. 6 Participation with the developer in the development of the Central Park amenity and landmark fountain feature with the following qualifications: The City will participate in the cost of "Park Improvements" at a ratio of 3:1 ($3 City for each $1 Developer) not to exceed a total City cost of six hundred thousand dollars ($600,000), Eligible costs for participation are inclusive of consultant "soft costs" not in excess of one hundred thousand dollars ($100,000) ° Final approval of the Central Park amenities and landmark feature subject to approval by City Council. Developer shall up front the costs of constructing all improvements. ° The City of Southlake shall reimburse the developer as noted above upon completion and acceptance of the improvements. 7. Execution of a "Declaration of Easements and Covenants" regarding various aspects of Central Park to include: reciprocal access, park patron parking, maintenance of a view corridor to Central Market and provisions regarding parking capacity. Following are unique or evolving items that may take further clarification at the Council meeting: • The Central Park final design and approval will be the item before the 380 Agreement. Should the cost of the improvements increase over a total of $800,000 due to change orders agreed to by the City, the City would be agreeing to pay for 75% of such increased costs. Council ultimately would have to approve any expenses in excess of $800,000, and certain aspects of the 380 Agreement will be changed accordingly. • Council at one time requested the insertion of language notifying the developer and HEB of the likelihood for numerous attendees at the 4 "' of'July celebration, and to have our responsibilities to control park parking limited to posting "appropriate signage." Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 20 of 23 They have resisted every attempted wording of this issue. We may not want to push this issue, with the recognition that it is highly unlikely HEB and /or developer will take any actions during that event that would,jeopardize their public relations status. • The Declaration of Easements and Restrictive Covenants (The "DEC ") has been sent to the HEB legal staff but at this time we have not received approval of the latest minor changes. There are still legal issues you will have to understand before voting on the agreement, Contact Greg Last with questions on this item. 10D. Consider executing a Revised Commercial Developer's Agreement for Shops of Southlake a 29.3 -acre development at the southeast conger of East Southlake Boulevard and South Carroll Avenue. On Decernber 6, 2005, the Council approved a Partial Developer's Agreement to allow the grading of the site and the construction of drainage, water and sanitary sewer improvements to begin prior to the approval of the 380 Agreement. This agreement covers the construction of the grading, drainage, public water lines, public sanitary sewer lines, off -site paving and park improvement as appeared in the 380 Agreement. The developer will begin the construction of the required 14' (feet) high or greater, screening wall along the south side of the development with this initial construction, The developer will construct approximately 5,500 LF of storm sewer lines, approximately 1,200 LF of reinforced concrete box culvert, approximately 4,300 LF of public water lines, and approximately 2,300 LF of public sanitary sewer lines. The developer will construct three stone water detention ponds on the site per the approved site plan. The developer will construct two deceleration lanes on FM 1709, two deceleration lanes on North Carroll Avenue, dual left turn lanes (northbound) on South Carroll Avenue at FM1709 and an additional lane to the south to provide a left turn lane at Westmont Drive into Oaktree Estates. The City will reimburse the developer for this construction in an amount not to exceed $370,000.00. The roadway impact fee for Shops of Southlake is approximately $225,000.00, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 21 of 23 The developer will dedicate the park land and provide the park improvements as approved in the 380 Agreement as well as construct a sidewalk from the Shops of Southlake property to Westmont Drive. The City will reimburse the developer an amount not to exceed $13,000 00 for the construction of the sidewalk. Contact Charlie Thomas with questions on this item. IOE_ Consider SP05 -329 Variance to Si Ordinance No. 704 -B for Aventerra located at 500 West State Highway 114 and 100 East State Hi Aiwa 114. This is a request to exceed the maximum height, area, and number of temporary real estate signs on the Aventerra Tracts 1 and 2 located on the north side of SHI14 and extending fi N. Carroll Avenue to Dove Road, The specific variances requested are as follows: Sign Reg Permitted Re uested Maximum Height 5 feet 16,25 feet (195 inches) Maximum Area 32 sf, per sign face 143 sf Number of Signs 1 per site 2 per site (500 W. S,H, 114) 2 per site (100 E. S.H. 114) Contact Ken Balser with questions on this item. IOF. Consider SP05 -384 Variance to Si Vi Ordinance No. 704 -B for Shoe Pavilion located at 2727 East Southlake Boulevard. This is a variance to letter /logo height greater than the maximum permitted.. The business is located at 2727 East Southlake Boulevard in the former Ultimate Electronics building. The specific variance requested is as follows: Sign Reg, permitted Requested Maximum Letter/ Logo Height 24 inches 63 inches Note that Shoe Pavilion representatives have agreed to eliminate the "window" signs used by Ultimate Electronics. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 22 of 23 Contact Ken Baker with questions on this item_ 1OG. Consider SP06 -037 Variance to Sigp Ordinance No. 704 -B for Ca ital One located at 1110 East Southlake Boulevard. This is a variance to the maximum letter /logo height and sigh width for attached signs. The business is located at 1110 East Southlake Boulevard at the intersection of N. Carroll Avenue in the former Hibernia Bank building. The specific variances requested are as follows: Sign Reg. Permitted Reguested Maximum letter 12 inches (south elevation) 22.5 inches height 18 inches (east elevation) 22.5 inches Maximum Sign 12 feet 4 inches (south elevation.) 13 feet 2.5 inches Width Contact Kerr Baker with questions on this item. OTHER ITEMS OF INTEREST 1. Please note that staff will be meeting with Torn Stephen to discuss proposed development adjacent to Bicentennial Park with use opportunities. Should you be interested in attending, please join us at 11:00 a.m. on Thursday, February 9 in the Executive Conference Room, Contact me if you have any questions. 2. Don't forget the workshop that has been scheduled for Monday, February 13 from 4:30 p,m, to 9:00 p.m, at the Marriott Solana. The purpose of the workshop will be to continue our work with you on the strategic management process you put into motion last June. Be sure and return your disposable cameras to Diana Smith by Friday, February 3 for development. We will return the photos back to you so that you can prioritize them, 3. Southlake 2025 Plan receives Community Urban Forestry Award. The Southlake 2025 Plan was selected to receive the Cross Timbers Urban Forestry Council, Trinity Blacklands Urban Forestry Council and the Texas Forest Service, The Community Urban. Forestry Awards are presented to communities, groups and individuals who promote urban and community forestry initiatives in Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting February 7, 2006 Page 23 of 23 areas such as professionalism, programs, projects and planning. The Southlake 2025 Plan was chosen for its exemplary efforts to identify, protect and enhance the existing environmental aspects of the community through intelligent planning and development. The award will be presented during the North Central Texas Urban Forestry Workshop on February 16, 2006. 4. Please note that we are seeking Urban Design Study proposals from qualified teams or firms to prepare, in conjunction with the city staff (including the departments of Planning, Public Works, Community Services, Economic Development, and Public Safety), an urban design study for the City's tluee main roadway corridors (FM 1709, FM 1938 &. SH 114) and for a special district along FM 1709 from Carroll Avenue to Village Center Drive. A schedule of the key events is as follows: Sealed Proposal Due to and Opened by City March 6, 2006 @ 3:00 p.m. Consultant Interviews and Selection March 13 — 15, 2006 City Council Approval March 21, 2006 Tentative Project Kick -Off Award Proposal April 3, 2006 Tentative Project Completion August 31, 2006 Contact Ken Baker with any questions on this item. Attachments: • Thank you letter from Miracle Point Development SKY Stuff Direct Phone Numbers: Baker, Kern, Director of Planning, 748 -8067 Blagg, Jim, Assistant 00 Manager•, 748 -8601 Farwell, Lori, City Secretary, 748 -8016 Httgrnan, Kevin, Director of Human Resources, 748 -8193 Jackson, Sharern, Finance Director, 748 -8041 Last, Greg, Director of Economic Development, 748 -80.37 Polasek, Steve, Director Community Services, 748 -8011 Smith, Rick, Director of DPS, 748 -8108 Thatcher, Bern, Assistant to the 00 Manager, 748 -800.5 Thomas, Charlie, Interim Director Public Works, 748 -8089 Yelvertorn, Sharna, 00 Manager, 748 -8001 gA ,"czcel �Z 7 January 9, 2006 Mr. Ken Baker City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 I_l1Ti UT =* 1,'�'pi I wanted to express my deepest gratitude for the incredible assistance Dennis Killough has given to me and Miracle Pointe Development. I have never had the privilege of working with someone as professional and helpful as Dennis. Our other developments have been outside of Southlake so we have not had the opportunity to work with the Planning Department within Southlake. The experience we have had working with Dennis has been, by far, the best experience. You should feel very proud to have such talent represent Southlake. Dennis went above and beyond the call of duty, The property we are developing has been one of the most contentious pieces of property in Southlake. On many occasions, we reconsidered whether or not we would develop this property residentially. Without Dennis' involvement and assistance, the development would have never materialized. Again, on behalf of Miracle Pointe Development, our engineers and especially myself, I wanted to publicly recognize Dennis Killough for the highest quality of City Planning in the metroplex. Very truly yours, Melisa A. Denis Partner Miracle Pointe Development LP cc: Honorable Andy Wambsganss, Mayor Ms. Shana Yelverton, City Manager P O Box 1353 • Grapevine, Texas 76099 - 1353 4 Tel 817- 310 -3173 • sales cr miraclepointe,coni