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Item 4BCity of Southlake, Texas March 9, 2005 TO: Honorable Mayor and Members of City Council FROM: Shana K. Yelverton, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting March 15, 2005 4C. Financial Report. A copy of the financial report is included in your packet. We are not planning to do a presentation at this meeting unless you request one. Contact Sharen with questions on this item. 4D. Local Business Report. The local business report will be presented by General Manager Tye Faseler of Blue Mesa Cafe. 5A. Approve the minutes for the March 1, 2005, regular City Council meeting. The minutes are included in your packet. Contact Lori Farwell with questions on this item. 5B. Authorize the Mayor to execute a non - exclusive license agreement with Wil -Tel Communications for the installation of fiber optic cable in park property. Wil Tel Communications has requested permission to install conduit and cable in park property located near Kirkwood Hollow. Wil Tel wants to install the cable at this location in order to avoid placing it in the right -of -way of Dove Road, the reconstruction of which would require relocation of the fiber at some point in the near future. Staff members from the departments of Public Works and Community Services have reviewed the request and are comfortable with the location. The installation of fiber optic lines in this location benefits the city, most notably with the construction of the north DPS facility. The packet memo describes the provisions of the agreement. Contact Malcolm Jackson with questions on this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting March 15, 2005 Page 2 of 12 5C. Authorize the Mayor to execute the Commercial Developer Agreement for Wyndham Plaza 24 Hour Fitness, a 5.54 acre tract located on the east side of North Nolen Drive between FM 1709 and SH 114. The development is part of Gateway Plaza II and is east of N. Nolen Drive. The developer will construct 1,335 linear feet of public water lines and 550 linear feet of public sanitary sewer lines. Park fees were satisfied with Gateway Plaza IL Contact Charlie Thomas with questions on this item. 5D. Consider SP05 -017, Variance to the Sign Ordinance No. 704 -B for Hibernia Bank located at 1110 East Southlake Boulevard. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. 5E. Ordinance No. 480 -451_ I st Readinu (ZA04 -101)_ Zoning Chance for Tracts 1AIA2_ and lAIA2D, B.J. Foster Survey, Abstract No. 519. The property is located on the north side of Gifford Court, approximately 300 feet east of Randol Mill Avenue. Current Zoning is AG Agricultural District. Requested Zoning is SF-IA Single Family Residential District. SPIN Neighborhood 412. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL THE APRIL 5, 2005, CITY COUNCIL MEETING. 5F. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. P &Z Commissioner Michael Boutte was absent from the March 3 P &Z meeting due to being out of town on business. 7A. Resolution No. 05 -006, Adoption of the South Side Plan Area Study (Areas C, D, G, and H) as a component of the Southlake 2025 Plan, the Comprehensive Master Plan for the City of Southlake. PUBLIC HEARING. The purpose of this item is to conduct a public hearing and consider approving the south side area plan as an element of the Southlake 2025 Plan. The Planning & Zoning Commission has reviewed the plan areas C, D, G, & H, known as the south side plan area, and recommend approval 6 -0 with the following changes: Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting March 15, 2005 Page 3 of 12 • recommended the public /semi- public land use designation on the city -owned property on Crooked Lane (Texas School of Baseball site), • recommended a change in the land use designation from medium density residential to low density residential on properties from the 400 -700 block of South White Chapel Blvd., along the west side of the road, • recommended the rural conservation (RC) land use designation as an optional designation for property owners in the South White Chapel Blvd. area. Your packet contains the full report. Contact Ken Baker with questions on this item. 7B. Resolution No. 05 -014, (ZA05 -003), Specific Use Permit for outside sales or service to allow sno -cone stand sales for the months of April through September on aroaerty located at 2199 East Dove Road. Current Zoning: C -1 Neighborhood Commercial District. SPIN Neighborhood 45. PUBLIC HEARING. The proposed site is at the southwest corner of N. Kimball Avenue and E. Dove Street. This stand was approved last year for a one year term under the outdoor sales and service regulations. The signage and stand are as shown in the exhibits included with the staff report. A 10 -foot by 20 -foot awning is also proposed to cover the seating area. The applicant is requesting that the permit be allowed for a period of five years The Planning and Zoning Commission recommended approval (6 -0) as presented, permitting the stand as shown, limiting the signs to those shown, allowing the tent as shown, noting the 33- gallon trash can on -site, and requiring litter pick up daily. The Commission further limited hours of operation from 12 p.m. to 10 p.m. and approved the permit for two years. Contact Ken Baker or Dennis Killough with questions on this item. 7C. Resolution No. 05 -015, (ZA05 -004), Specific Use Permit for outside sales or service to allow sno -cone stand sales for the months of April through September on property located at 2300 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting March 15, 2005 Page 4 of 12 West Southlake Boulevard. Current Zoning: C -3 General Commercial District. SPIN Neighborhood 415. PUBLIC HEARING. The proposed site is at the northwest corner of E. Southlake Boulevard and Randol Mill Avenue (future FM 1938) and is to be operated by the same owner as the previous agenda item. This stand was approved last year for a one -year term under the outdoor sales and service regulations. The proposed signage and stand are shown in the exhibits included with the staff report. A 10- foot by 20 -foot awning is also proposed to cover the seating area. The applicant is requesting that the permit be allowed for a period of five years. The Planning and Zoning Commission recommended approval (6 -0) as presented, permitting the stand as shown, limiting the signs to those shown, allowing the tent as shown, noting the 33- gallon trash can on -site, and requiring litter pick up daily. The Commission further limited hours of operation from 12 p.m. to 10 p.m. and approved the permit for two years. Contact Ken Baker or Dennis Killough with questions on this item. 7D. Approve Ordinance No. 885, consider all matters incident and related to the issuance and sale of "City of Southlake, Texas, General Obligation Refunding Bonds, Series 2005," including the adoption of an ordinance authorizing the issuance of such bonds and providing for the redemption of the obligations being refunded. PUBLIC HEARING. City staff and our financial advisor have continued to monitor the market to ensure that we capitalize on any reftinding opportunities. Based on the current market, it would be advantageous for the city to refund the bonds noted. The reftinding will result in the City saving approximately $2,374,135 in debt service payments and further provide present value savings of approximately $1,678,963. The certificates are issued and approved by adoption of an ordinance. Approval of Ordinance No. 885 will set in motion the legal requirements to obtain the proceeds to reftind the bonds. After approval, the legal documents must be reviewed by the Texas Attorney General's Office. Due to the quick turn around time, the bond counsel, Fulbright and Jaworski, did not have the legal documents completed by the close of business on Wednesday; the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting March 15, 2005 Page 5 of 12 Ordinance will be forwarded under separate cover via e -mail on Friday morning. The City would redeem the outstanding bonds in mid to late April. Contact Sharen Elam with questions on this item. 7E. Aaarove Resolution No. 05 -016_ consider all matters incident and related to the issuance and sale of "Southlake Parks Development Corporation Sales Tax Revenue Refunding Bonds, Series 2005," including the adoption of a resolution relating thereto. PUBLIC HEARING. City staff and our financial advisor have continued to monitor the market to ensure that we capitalize on any refunding opportunities. Based on the current market, it would be advantageous for the city to refund the bonds noted. The refunding will result in saving approximately $2,967,052 in debt service payments and further provide present value savings of approximately $998,636. The SPDC certificates are issued and approved by adoption of resolution. Approval of Resolution No. 05 -016 will set in motion the legal requirements to obtain the proceeds to refund the bonds. After approval, the legal documents must be reviewed by the Texas Attorney General's Office. SPDC Board will hold a meeting prior to March 15, 2005 City Council meeting for their approval of the bond refunding. Due to the quick turn around time, the bond counsel, Fulbright and Jaworski, did not have the legal documents completed by the close of business on Wednesday; the Resolution will be forwarded under separate cover via e -mail on Friday morning. SPDC would redeem the outstanding bonds in mid to late April. Contact Sharen Elam with questions on this item. 7F. Approve Resolution No. 05 -017, consider all matters incident and related to the issuance and sale of "Southlake Parks Development Corporation Sales Tax Revenue Refunding Bonds, Taxable Series 2005," including the adoption of a resolution relating thereto. PUBLIC HEARING. City staff and our financial advisor have continued to monitor the market to ensure that we capitalize on any refunding opportunities. Based on the current market, it would be advantageous for the city to refund the bonds noted. The refiinding will result in saving approximately $27,406 in debt service payments and further provide present value Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting March 15, 2005 Page 6 of 12 savings of approximately $25,110. The savings is not as significant as the other SPDC refunding but necessary to include this bond issue to complete the total refunding package. The SPDC certificates are issued and approved by adoption of resolution. Approval of Resolution No. 05 -017 will set in motion the legal requirements to obtain the proceeds to refund the bonds. After approval, the legal documents must be reviewed by the Texas Attorney General's Office. SPDC Board will hold a meeting prior to March 15, 2005 City Council meeting for their approval of the bond refunding. Due to the quick turn around time, the bond counsel, Fulbright and Jaworski, did not have the legal documents completed by the close of business on Wednesday; the Resolution will be forwarded under separate cover via e -mail on Friday morning. SPDC would redeem the outstanding bonds in mid to late April Contact Sharen Elam with questions on this item. 8A. Ordinance No. 480 -452, I st Reading((ZA04 -103), Zoning Change and Concept Plan for Tract 1A2, Lakin H. Chivers Survey, Abstract No. 300, Proposed Lots 1 -9, Brentwood Addition. The property is located at 2055 North White Chapel Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: SF -30 Single Family Residential District. SPIN Neighborhood 95. The subject property is located on the east side of North White Chapel Boulevard approximately 1000 feet south of Dove Street. The requested zoning is SF -30. The plan proposes the development of nine residential lots on 8.681 acres. The proposed density does not comply with the low density residential land use designation for this area, which limits detached single family residential development to one net dwelling unit per acre. The net density for this development is 1.27 dwelling units per acre. A justification letter from the applicant is included as part of attachment C with the packet item. Any motion for approval of this item should include justification for non - compliance with the land use plan. Although the plan shows a street stub into the east boundary, as recommended by staff, the applicant has requested that the stub not be required. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting March 15, 2005 Page 7 of 12 The Planning and Zoning Commission recommended approval (6 -0) subject to the concept plan review summary, eliminating the street stub and limiting the development to a maximum of nine lots. Contact Ken Baker or Dennis Killough with questions on this item. IOA. Consider SP05 -050, Variance to the Sign Ordinance No. 704 -B for Southlake Town Square located at the northeast corner of East Southlake Boulevard and North Carroll Avenue. The approved time limit on the existing sign at this location has expired. The applicant is proposing to replace the development sign with a new design. The sign will be single- sided, with a sign face of approximately 152 square feet. The proposed development sign will have a total height of 167.5 inches, or just less than 14 feet. The existing sign is approximately the same size as what is being requested. Development signs are permitted for a period of one year or until the time a certificate of occupancy is issued. The specific variances requested are as follows: Sign Regulation Permitted Requested Sign Height 5 feet 167.5 inches ( ±14 feet) Sign Area 32 sq. ft. per sign face 152 sq. ft. Contact Ken Baker or Dennis Killough with questions on this item. IOB. Consider SP05 -066_ Variance to the Siun Ordinance No. 704 -B for Flaustaff Court located at 410, 420 and 430 North Carroll Avenue. This is a variance to allow an attached sign on the front of buildings facing Carroll Avenue for building tenants without frontage on Carroll Avenue. One attached sign is permitted per tenant, per street frontage. The specific variance would allow two additional signs on the two buildings fronting Carroll Avenue. Details follow: Sign Regulation Permitted Requested Number of signs 1 sign per street frontage 3 signs Contact Ken Baker or Dennis Killough with questions on this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting March 15, 2005 Page 8 of 12 10C. Approve an amendment to the Freese & Nichols Water Meter Inventory and Condition Assessment Agreement. On June 15, 2004, City Council approved a professional services agreement with Freese and Nichols, Inc., to inventory all residential water meters using the global positioning satellite system. The purpose of this effort is to note the location and condition of the meters and reconcile the number of existing meters in the field with the utility billing data. The original contract amount was $67,798, with a completion date not to exceed 120 days (completion date of October 2004). Due to challenges locating a substantial number of meters, Freese and Nichols are requesting an amendment to the contract for an additional $34,162 with an estimated completion date of mid to late April 2005. Sharen Elam attached photos to the packet memo to illustrate the condition of some of the meters. Contact Sharen Elam with questions on this item. lOD. Authorize the City Manager to implement proposed transition plan. The proposed transition plan outlines initiatives to address issues identified as part of an administrative assessment conducted in the City Manager's Office. As outlined in the packet memo, the purpose of the initiatives is to promote strong policy and administrative decision making, improved resource allocation, performance benchmarking, increased organizational emphasis on ethical behavior, reduced operating costs and cost avoidance, and budgetary discipline. Additionally, these initiatives will provide an ongoing process for assessing risk and maintaining internal controls. We are also proposing initiatives to improve community and workforce communication, as well as improving management and leadership skills. The plan will be presented in detail at the Council meeting. We will enter into a series of professional services agreements to implement these initiatives. The costs for these services will be covered by budgetary savings achieved to date, primarily through position vacancies. We also anticipate cost savings and cost avoidance opportunities when we implement management study recommendations. Upon approval by City Council, I will make the necessary budget transfers to implement the plan. Contact me with questions on this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting March 15, 2005 Page 9 of 12 10E. Authorize the City Manager to enter into a professional services agreement with Matrix Consulting Group to conduct a management study of the Department of Public Safety. One of the initiatives of the City Manager's transition plan is to conduct management studies of the larger operating departments to identify opportunities for improved resource utilization. The scope of the DPS 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 DPS operations to industry best practices • Employee attitudes and morale • Facilities assessment The Matrix Consulting Group has experience conducting management reviews and feasibility studies of Public Safety Departments. In addition, the project team has conducted several hundred law enforcement, fire and emergency medical service staffing and operations studies. Contact Chuck Kiefer with questions on this item. IOF. Authorize the City Manager to enter into a professional services agreement with The Mercer Group, Inc. for executive recruitment services. Another initiative of the City Manager's transition plan is to conduct a competitive selection process for key executive positions. This will produce a pool of candidates with strong management and leadership skills to select from. The purpose for engaging the services of an executive search firm is to seek and recruit experienced candidates on a national level and to assist the City in selecting highly qualified individuals who meet the position profile. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting March 15, 2005 Page 10 of 12 The Mercer Group, Inc. has vast experience in recruiting for the positions of Assistant City Manager and Police Chief, with which we currently have vacancies. This agreement is for the recruitment of both positions. Contact Chuck Kiefer with questions on this item. OTHER ITEMS OF INTEREST 1. Hibernia Bank Grand Opening, Hibernia Bank will be holding a grand opening event on Saturday March 12, 2005. They will put up a tent and set up several event areas as early as Friday evening, to be removed by Sunday. The event qualifies as a permitted accessory use under the "mass gathering" provisions of zoning ordinance. Hibernia Bank is required to complete a mass gathering information form with the Department of Public Safety. A tent permit has been reviewed and issued by the building services division. Contact Ken Baker or Dennis Killough with questions on this item. 2. TxDOT Funnel Project. The Texas Transportation Commission has committed over $500 million in funding to improve the area where SH -114, SH -121, Interstate 114 and FM 2499 converge to create a traffic bottle neck referred to as the funnel project. On Monday, March 7th, TXDOT released the latest proposed plans for the funnel project. The project in Southlake consists of constructing a four lane managed facility (express lanes), reconfiguring the FM 1709 /SH 114 interchange area, replacing the Wall Street bridge with a one -way west bound fly- over, and providing a direct connection (located east of the Bank of America building ) from FM 1709 to the Northwest Highway bridge. A TXDOT public hearing on this project is tentatively scheduled for June, 2005. The construction of the project in Southlake is expected to begin in the fourth quarter of 2008. The staff will make a formal presentation to City Council on the funnel project in April. The purpose of the presentation will be to garner feed back from the City Council regarding the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting March 15, 2005 Page 11 of 12 project. Copies of the plans are available in the Planning Department. Contact Ken Baker with questions on this item. 3. Finance data analysis and efficiency review. Staff is currently working with a consultant to perform a risk assessment and review the efficiencies of the Finance Department, as part of our strategic initiatives for the transition plan. The assessment will include a review of financial data to identify areas of potential concern, as well as an examination of the major activities of the Finance Department pertaining to fulfilling its expected responsibilities. The assessment began on Tuesday, March 8. Contact Sharen Elam with questions on this item. 4. Conflict of Interest Affidavit. Toward the end of last year, the Mayor requested that the City's conflict of interest affidavit form be reviewed and updated as needed. In working with Lori Farwell and Tim Sralla, we found that the affidavit did not completely cover all of the scenarios mentioned within the ethics ordinance. Attached to my memo is a copy of the revised affidavit form with the additions in red, as well as a clean copy of the form. Contact me with questions on this item. 5. On Tuesday, March 8, I had an opportunity to speak to the SPIN Standing Committee about the council- manager form of government. A copy of the presentation used is attached. Contact me with questions on this item. Attachments (hard copy only) • Conflict of Interest Affidavit form • City Manager form of government presentation • Community Services State of the Department Report SKY Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting March 15, 2005 Page 12 of 12 Staff Extension Numbers: Baker, Ken, Director of Planning, 481 -2036 Black, Rick, DPS Director, 481 -2406 Elam, Sharen, Finance Director, 481 -1713 Farahnak, Pedram, Public Works Director, 481 -2308 Farwell, Lori, City Secretary, 481 -1519 Hugman, Kevin, Human Resources Director, 481 -1952 Jackson, Malcolm, Community Services Director, 481 -1527 Kiefer, Chuck, Interim Deputy City Manager, 748 -8601 Killough, Dennis, Senior Planner, 481 -2073 Thatcher, Ben, Assistant to the City Manager, 481 -1433 Thomas, Charlie, Deputy Public Works Director, 481 -2175 Last, Greg, Economic Development Director, 481 -1671 Yelverton, Shana, City Manager, 481 -1429