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 THIS ITEM HAS BEEN WITHDRAWN BY THE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