Item 4BCity of Southlake, Texas
MEMORANDUM
March 30, 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
April 5, 2005
4A. Mayor's Report.
1. Proclamation for National Library Week. Library Board Chair C.D. Peebles and other
Board members will be in attendance to receive the proclamation.
4B. City Manager's Report. No report is planned at this time.
4C. SPIN Board Report. The SPIN Standing Committee respectfully submits a written report for
your review this month, and Jan Francis, SPIN 95 representative, will present a report at the
meeting. Contact Ben Thatcher with questions on this item.
4D. Library Board Report. The Southlake Library Board respectfully submits a written report for
your review this month. Contact Library Administrator Kerry McGeath (481 -8378) with
questions or comments on this item.
4E. Park and Recreation Board Report. Board member Elaine Cox will be present at the meeting to
give the Park and Recreation Board report.
4F. Local Business Report. The local business report will be Broadway Pizza. The owner's son,
Ricky Hadzovic, will be presenting.
5A. Approve the minutes for the March 15, 2005, regular City Council meeting_ The minutes are
included in your packet. Contact Lori Farwell with questions on this item.
5B. Ordinance No. 886, 1 st Reading, an ordinance canceling the May 7, 2005, General Election and
declaring each unopposed candidate elected to office; and providing an effective date. The
Election Code authorizes a governing body to declare each unopposed candidate as elected to
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council meeting April 5, 2005
Page 2 of 12
office and to cancel the election. Since the two incumbents were unopposed and there were no
write -in candidates, Council may cancel the May 7 General Election by ordinance. Incumbents
Hill and Morris will be sworn into office on May 17. Contact Lori Farwell with questions on
this item.
5C. Authorize the Mayor to execute a Residential Developer's Agreement for St. Emilion
Subdivision, a 14 -lot development, located on the north side of East Highland Street
approximately 650' west of Sunshine Lane. The final plat for St. Emilion subdivision was
approved on March 3. The residential subdivision consists of 17 lots located on a 1,220 linear
foot cul -de -sac off of East Highland Street. The developer will construct a standard residential
concrete street (31 feet wide), 980 linear feet of storm sewer lines, 1,280 linear feet of water
lines, and 1,330 linear feet of sanitary sewer lines. In addition, the developer will be
constructing a storm water detention pond within the development and pay a park fee of
$21,100 ($1,500 /Lot x 14 Lots). Contact Pedram Farahnak with questions on this item.
5D. Authorize the Mayor to execute a compromise and settlement agreement with Architectural
Utilities Limited Partnership d /b /a AUI General Contractors v. City of Southlake, Texas v.
HNTB Corporation, and American Insurance Compan. The details of the mediated settlement
agreement will be reviewed with you on Tuesday evening. Contact me or Charlie Thomas with
questions on this item.
5E. Approve revised Conflict of Interest Affidavit. Late last year, the Mayor requested that the
city's conflict of interest affidavit form be reviewed and updated as needed. Staff worked with
city attorney Tim Sralla and found that the existing affidavit form did not completely cover all
of the scenarios listed in the current ethics ordinance. Therefore the following
recommendations are being suggested:
1. Emphasize the degree of family relationship that calls for disclosure of the scenarios
mentioned in the ethics ordinance.
2. Provide more specific business interests to cover all clauses mentioned in the ethics
ordinance.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council meeting April 5, 2005
Page 3 of 12
3. Provide a miscellaneous /other section under the interest disclosures to allow any
questionable scenario to be documented that might not be addressed in the affidavit.
4. Clarify when the affidavit must be completed and submitted to the City Secretary's
Office.
Contact Ben Thatcher with questions on this item.
5F. Authorize the Mayor to enter into a contract with Euless B &B Wrecker Service for provision of
police pulls and for removal of vehicles from City streets and highways as a result of accident
or mechanical disability, or when requested by the Department of Public Safety. The City
contracts with wrecker companies for the provision of wrecker services when needed. The
previous contract with Euless B &B Wrecker Service expired in November 2004. The new
contract provides for a one -year term with automatic renewal for five consecutive years, unless
notice to terminate is given. Euless B &B Wrecker Service has provided the city with
exceptional service during the past five years and has full capabilities for heavy -duty vehicle
removal and recovery and cleanup of major incidents on our roadways. Their storage location
is nearby and does not pose an undue hardship on individuals needing to recover their vehicles.
Contact Rick Black with questions on this item.
5G. Resolution No. 05 -008, (ZA04 -090), Specific Use Permit for a telecommunications antenna
located on Lot 1R, Block 1, Carroll High School Addition located at 1501 West Southlake
Boulevard. Current Zoning: S -P -1 Detailed Site Plan District. THIS ITEM HAS BEEN
TABLED TO THE MAY 3, 2005, CITY COUNCIL MEETING.
5H. Resolution No. 05 -020, Accept settlement with TXU Electric Delivery. Southlake is a member
of a 110- 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. To facilitate the efforts of the Steering Committee, twenty (20) cities
passed resolutions requiring TXU Electric Delivery to show cause as to why the non -
bypassable transmission and distribution charges should not be reduced. Information was to
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council meeting April 5, 2005
Page 4 of 12
have been filed by TXU with the 20 cities initiating the rate review in late November 2004.
Based on TXU filing, appeals to the PUC would have been triggered that would have led to a
statewide rate case in the summer of 2005. A final order would have been expected in mid to
late 2006.
The Steering Committee and TXU began settlement discussions last fall and before
Thanksgiving sufficient progress had been made to justify delaying the required rate filing. A
settlement agreement was signed on February 22. The agreement postpones or abates the
statewide rate proceeding for approximately 14 months. In exchange for abating its rate
inquiry, the cities have been promised rate design changes to be proposed to the PUC that
should significantly reduce electric charges. The agreement also includes certain lump sum
payments by TXU to the Steering Committee.
As soon as all city members of the Steering Committee ratify the settlement agreement, TXU
will pay $8.5 million to the Steering Committee. The Committee has decided to distribute
funds back to members by: (1) providing the participating cities an amount equivalent to 25%
of the total street lighting revenues collected by TXU in 2004; (2) holding back $100,000; and
(3) distributing the residual based upon per capita participation in the Committee. Since all
prior assessments have been on a per capita basis, it was believed that this manner of
distribution would be the fairest to all cities. Southlake will receive $25,298 from the
settlement agreement. There is no one factor that tilted the Steering Committee toward
accepting a Settlement with TXU. Sharen Elam's packet memo includes several factors the
Steering Committee considered when deciding to accept the settlement with TXU. Contact
Sharen Elam with any questions related to this item.
5I. Consider excusing members of the City Council and of the Planning and Zoning Commission
for absences from meetings. Mayor Wambsganss was absent from the March 15 meeting and
P &Z Commissioner Debra Edmondson was absent from the March 17 P &Z meeting.
7A. Ordinance No. 480 -452, 2 " 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
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council meeting April 5, 2005
Page 5 of 12
property is located at 2055 North White Chapel Boulevard. Current Zoning: AG Agricultural
District. Requested Zoning: SF -30 Single Family Residential District. PUBLIC HEARING.
The property is located on the east side of North White Chapel Boulevard approximately 1,000
feet south of Dove Street. The plan proposes a nine -lot residential development 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.
Staff has recommended that a street stub be provided into the east boundary of the property;
however, the applicant proposes that no street stub be required.
The Planning and Zoning Commission recommended approval (6 -0) subject to the concept plan
review summary, and eliminating the street stub and limiting the development to a maximum of
nine lots.
The City Council approved the first reading on consent (6 -0) subject to the Planning and
Zoning Commission's recommendation and accepting the applicant's willingness to use
wrought iron fencing with stone columns along the north, east, and south boundaries and noting
that this proposal deviates slightly from the land use plan but specifically noting the low
density nature of the proposal.
Contact Ken Baker or Dennis Killough with questions on this item.
7B. ZA04 -104_ Preliminary Plat for Proposed Lots 1 -9_ Brentwood Addition_ described as Tract
lA2 in the Lakin H. Chivers Survey, Abstract No. 300. The property is located at 2055 North
White Chapel Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: SF -30
Single Family Residential District. This is the preliminary plat associated with the previous
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council meeting April 5, 2005
Page 6 of 12
agenda item. There are no unresolved issues unique to the preliminary plat. As mentioned
before, the applicant is requesting that no street stub be required into the east boundary.
The Planning and Zoning Commission recommended approval (6 -0) subject to the plat 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.
7C. ZA05 -008, Site Plan for Feedstore BBQ & More located at 530 South White Chapel
Boulevard. Current Zoning: S -P -1 Detailed Site Plan District. PUBLIC HEARING.
Feedstore BBQ & More is requesting approval of a revised site plan to allow enclosure of the
existing outdoor seating area on the northwest corner of the building and to add a 3.5 foot by
3.5 foot water heater enclosure at the southwest corner of the building. When the S -P -1 zoning
was approved in May last year, the applicant indicated the desire to enclose the outdoor dining
area at some point in the future. To accommodate this, the maximum floor area permitted
under the zoning was set at 2,800 square feet.
A variance is requested to allow 100 percent cement board, similar to Hardy- board, on the
enclosure areas to match the existing building material. Residential adjacency standards
restrict the use of synthetic masonry products (Hardy- board, EIFS, etc) to a maximum of 80%
on any facade, exclusive of doors and windows.
The Planning and Zoning Commission recommended approval (6 -0) subject to site plan review;
granting the requested variance and eliminating the outside seating as shown.
Contact Ken Baker or Dennis Killough with questions on this item.
7D. Resolution No. 05 -019, (ZA05 -009), Specific Use Permit to allow a tent for the purpose of
promoting retail sales on property located at 325 Commerce Street. Current Zoning: I -1 Light
Industrial District. PUBLIC HEARING. The applicant is requesting a tent for their semi-
annual 3 -day tent sale. The tent is proposed to be approximately 4,000 square feet and will be
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council meeting April 5, 2005
Page 7 of 12
located in front of the truck loading area. The tent will not reduce the number of parking
spaces on site or the affect any landscaped areas. A tent permit application is required to be
filled out and approved by the Building Services Department showing that the tent will meet
current building and fire codes. The sales event will be operated as follows:
Duration of tent:
Duration of the sales event
Hours of Operation:
Parking:
Signs:
Trash Disposal:
April 25 through May 2
April 28 through April 30
8 a.m. to 5 p.m. Th/Fr /Sat
Event does not reduce the number of spaces on site
Three signs along street entrance
One trash can at entrance and one trash can at exit
The Planning and Zoning Commission recommended approval (6 -0) as presented, signage as
shown, with the permit to be issued by the building services division. Contact Ken Baker or
Dennis Killough with questions on this item.
8A. Ordinance No. 480 -451, I` Reading (ZA04 -101), Zoning Change 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: AG
Agricultural District. Requested Zoning: SF -IA Single Family Residential District. The
property is located on the north side of Gifford Court (unimproved private ingress- egress
easement), approximately 300 feet east of Randol Mill Avenue. If the first reading of this
zoning change is approved, a preliminary plat will be presented following the second reading of
the zoning change. The applicant tabled this item at the last City Council meeting to allow the
Council time to become familiar with some of the property history, access and street issues.
The Planning and Zoning Commission recommended approval (6 -0). Contact Ken Baker or
Dennis Killough with questions on this item.
8B. Ordinance No. 480 -453, l Reading (ZA05 -010), Concept Plan for Proposed Lots 1 -9, Block 1,
The Pavilion at Southlake, being Tracts 2A2, IA, IAI, and IAIA, W. R. Eaves Survey
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council meeting April 5, 2005
Page 8 of 12
Abstract No. 500, and Zoning Change specifically for Tracts IA, IAl, and IAIA located on
the south side of West Southlake Boulevard where it intersects with Meadowlark Lane. Current
Zoning: C -3 General Commercial District and AG Agricultural District. Requested Zoning: C -3
General Commercial District. The majority of this property is zoned C -3. The three
northernmost tracts (Tracts IA, IAIA, & IAI) are currently zoned AG and are proposed to be
rezoned C -3 to match the adjoining property. The first reading of this zoning pertains only to
theses tracts.
The concept plan proposes the development of nine lots for office, retail, restaurant, and a
sports arena on a total of 10.217 acres. The following variances are being requested:
Public Street — A public street with 60 feet of right -of -way is required for commercial
developments. The applicant is requesting a public street with 40 feet of right -of -way and
10 foot utility easements on either side in lieu of the total 60 feet of width.
Driveway Stacking — The minimum stacking required for the drive between Lots 5 and 6 is
75 feet. The applicant is proposing a stacking depth of approximately 28 feet.
Bufferyards — Bufferyards are required along the interior of all property lines. The
applicant is requesting that bufferyards not be required along several interior lot lines due to
a common access drive along the property lines.
A site plan and preliminary plat will be presented to the City Council following the second
reading of the zoning change.
The Planning and Zoning Commission recommended approval (5 -0 -1) subject to Concept Plan
Review Summary, along with the following conditions:
• Eliminating the staff review continent regarding alignment of the common access
easement (Review item No. 7);
• Providing a common access driveway to the west into Southlake Market Place;
Requiring a reciprocal parking agreement with parcels 4, 5, and 6;
Requiring planting materials along the rear fence line;
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council meeting April 5, 2005
Page 9 of 12
• Requiring installation of sidewalks (with a width of 4 feet) as lots develop along the
west side of Players' Circle;
• Installing a sidewalk (with a width of 4 feet) along the frontage of FM 1709;
• Granting the requested variances for street right -of -way width, driveway stacking and
interior bufferyards.
Contact Ken Baker or Dennis Killough with questions on this item.
10A. Authorize the Mayor to execute a Tennis Center Management Agreement with Roxy Tennis,
LLC, a Texas limited liability company, dba "Southlake Tennis Center." The City currently
has an agreement with Roxy Tennis, LLC, (Stephen and Mia Poorman) for the management
and operation of the Southlake Tennis Center. The agreement, signed April 25, 2002, is for a
three year period with successive one -year term renewals. The City has submitted a written
request to the Poorman's to renegotiate the term of the agreement with the intent to allow for
three year renewals. Three year renewal options allows for continued stability of the tennis
center operations and also meets the Poorman's desire for commitment from the City to support
their investment in additional computer and software upgrades, and new program development.
While there are several word changes recommended by the city attorney during review, the
changes are for the purposes of clarification of the existing terms and compliance with legal
mandates, but they are not substantive changes as compared to the intent of the original
contract.
Over the past three years Stephen and Mia Poorman have provided stability to the Tennis
Center through their management and operations of the facility. New programs have been
introduced or expanded to include the youth tennis program, USTA Women's Tournament,
lessons and clinics. Community based activities are also a part of their operations and include
the S.O.S. Tournament benefiting the Women's Shelter, CISD High School challenge matches
and UIL tournaments, and this spring the Poorman's will be undertaking the middle school
tennis program with on site lessons at Dawson and Carroll Middle schools, at no cost to the
CISD.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council meeting April 5, 2005
Page 10 of 12
This item was reviewed and recommended for approval (8 -0) by the Parks Board at their
February 17, 2005 meeting. A copy of the letter from the City and proposed Tennis Center
Management Agreement, as reviewed by the City Attorney, are included in your packet.
Stephen and Mia Poorman will also be available at your meeting should you have any
questions regarding their operations.
Contact Malcolm Jackson with questions on this item.
IOB. Approve the proposed recognition siege for Bob Jones Park batting cages. The Bob Jones
Park batting cages were constructed in 2004 and completed in time for the Fall season. At a
cost of approximately $45,000, the batting cages were equally funded through the Southlake
Girls Softball Association and the SPDC Matching Funds program. As part of the SPDC
Matching Funds policy, recognition signage within the parks may be designated for such
projects with approval by the Parks Board.
The Southlake Girls Softball Association (SGSA) approached the City to discuss a new and
innovative process for recognizing the main sponsors of the batting cages. The proposal
suggests etchings within the concrete walkway leading to the batting cages. Each etching would
be approximately three feet in diameter, in the shape of a softball with seams, and colored with
a light yellow glaze. The dedication wording would be placed within the softball. There would
be one dedication per concrete slab for a total of four engravings /etchings. Estimated cost to be
borne by SGSA is approximately $1,600. The Parks Board recommended approval (8 -0) at
their March 14, 2005 meeting. A representative from the Southlake Girls Softball Association
will be available at your meeting should you have questions.
Contact Malcolm Jackson with questions on this item.
1 IA. 50 Anniversary Planning Committee. This item has been placed on your agenda so you can
discuss how you would like to structure the planning committee for the 50 anniversary events.
This is a great opportunity to get people involved in a meaningful project. Once you give us
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council meeting April 5, 2005
Page 11 of 12
your preferences, we will begin the process of putting the committee in place. Let me know if
you have questions on this item.
OTHER ITEMS OF INTEREST
1. DPS School Resource Officer Program. I have recently been made aware of rumors referring
to the removal of the Public Safety School Resource Officer Program. This is not correct.
Since April 2004, Director Rick Black and CISD Superintendent Gary Matthews have been
involved in discussions related to improving SRO efficiency and safety of school campuses.
Director Black has made me aware that he and Dr. Matthews are working together on
compiling information on the SRO program which they will then present to the city manager's
office for review and consideration. As I understand it, their review was focused on the
responsibility of the officers; the ability to conduct foot patrols on all target campuses and
finally the investigative process of juvenile related offenses in the City of Southlake. Contact
Rick Black with questions on this item.
2. Attachments
• CARS monthly report
SKY
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
Last, Greg, Economic Development Director, 481 -1671
Yelverton, Shana, City Manager, 481 -1420
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council meeting April 5, 2005
Page 12 of 12
CALL A RIDE OF SOUTHLAKE, INC.
Monthly Summary of Service Provided to Seniors and Handicapped — 2005
Jan
Feb
Total
Newly Qualified Users
0
0
Total Qualified Users
166
166
Total Volunteer Drivers
35
35
Unduplicated Users Served
14
16
Volunteer Drivers Used
18
20
Driver Vehicle Miles Traveled
950
815
1765
Driver Hours
54
59
113
Van Miles Traveled
106
204
310
Office volunteer Hours
18
8
26
Trip Requests Not filled
1
0
1
Pickup Ten Minutes Late
0
0
0
One Way Trips
Medical/Dental
23
29
52
Southlake Senior Center
85
66
151
Personal Needs
20
18
38
Shopping
8
8
16
Business
0
0
0
Other Senior Centers
0
0
0
Other
0
4
4
Total One Way Trips
136
125
261
Rider Groups
Senior & Handicapped >54
134
122
256
Handicapped >17 <55
2
3
5
Handicapped <18
0
0
0
Total Rider Groups
1 36
125
261