Item 4BCity of Southlake, Texas
MEMORANDUM
June 15, 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
June 21, 2005
4B. City Manager's Report. No additional report is planned at this time.
4C. Financial Report. A copy of the financial report is included in your packet. Staff is prepared to
do a presentation upon your request. Contact Sharen with questions on this item.
4D. Local Business Report. The local business report will be from Top Shelf Home Bar Center.
Owner Tony Schmidt will be presenting.
5A. Approve the minutes for the June 7, 2005, regular City Council meeting_ The minutes have
been included in your packet. Contact Lori Farwell with questions on this item.
5B. Consider excusing members of the City Council and of the Planning and Zoning Commission
for absences from meetings. Councilmember John Terrell was absent from the June 7, 2005,
meeting.
5C. Cancel or reschedule the July 5, 2005, City Council meeting. Councilmembers have indicated
that they may not be able to attend the July 5 City Council meeting because the Independence
Day holiday falls within this week. Formal action must be taken if Council intends to cancel or
move this meeting.
Contact me with questions on this item.
5D. Authorize the Mayor to execute an agreement with Roof Tech for water testing, final design,
bidding and construction at Town Hall. Shortly after the completion of construction of Town
Hall in November 2000, staff noted extensive moisture penetration from the roof and building's
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 21, 2005
Page 2 of 10
exterior. Beck, the project contractor, has made several attempts to correct the problem with
limited success
Last year Tarrant County contracted with Roof Technical Services, Inc. (RTS) to investigate
and identify the sources of the moisture penetration. The City subsequently authorized RTS to
conduct a preliminary engineering assessment of the scope of work required to correct the
problems and an estimate on the cost to correct the problems. This report was completed in
April.
In addition, the city requested that RTS submit a proposal for a scope of work that included a
water test of exterior windows, final design, bidding and construction administration services
associated with correcting the moisture problems. The total cost for services is $68,750; the
funds are available in general fund — support services.
Contact Pedram Farahnak or Chuck Kiefer with questions on this item.
7A. Ordinance No. 878 -A, 2 " Reading, Amending Ordinance No. 878, amending Fiscal Year
2004 -05 Annual Budget. PUBLIC HEARING. This ordinance provides for amendment of the
FY 2004 -05 budget. The proposed changes to the general fund budget reflect an increase of
$1,330,000 in revenues and $18,714 in personnel and $384,510 in capital requests. Please refer
to the memo from Sharen Elam included in your packet for detailed explanations of all
changes. Attachment A of the ordinance illustrates how the amendments fit within the budget.
Note that with these changes, the fund balance stands at 28.14 %, exceeding the requirements of
our fund balance policy.
Contact Sharen Elam with questions on this item.
8A. Ordinance No. 480 -459, I st Reading ZA05 -024), Zoning Change and Concept Plan for
proposed Lots 1 -I 1 and 13, Miracle Pointe, being legally described as a portion of Tract 6K1,
J.H. Freeman Survey, Abstract No. 529. The property is located at 2200 Crooked Lane. Current
Zoning: I -1 Light Industrial District. Requested Zoning: SF -20A Single Family Residential
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 21, 2005
Page 3 of 10
District. This property is known as the former Pumpco property. The current zoning is I -1
light industrial district and the requested zoning is SF -20A single family residential district.
The plan proposes 12 residential lots on approximately 7 of the total 8 acres of the former
Pumpco property. Approximately one acre of the property that includes the existing
office /warehouse building is addressed in the next agenda item as a proposed "S -P -1" detailed
site plan district rezoning request.
The Planning and Zoning Commission recommended approval (7 -0) subject to review with the
following stipulations:
• accepting the applicant's willingness to work with the staff between now and City
Council meeting to reconsider his utility, drainage, and roadway placement, making
whatever adjustments are necessary, including significant readjustment of the road in
order to preserve the maximum number of trees;
• accepting the applicant's willingness to put a fence along Crooked Lane that is similar
in material and quality to the fencing along the frontage of the Cambridge Place
subdivision;
• and, requiring an entry feature.
Following the Planning and Zoning Commission meeting the prepared a document included the
staff report as part of Attachment `C' addressing all conditions of the Planning and Zoning
Commissions recommendations and further specifies deed restrictions and other commitments
to be made as part of this development. The more significant proposals are as follows:
• Tree preservation — Other options examined will be shown. The current plan will be
revised to shift the north -south section of street approximately 6 feet east to further
insure preservation of specimen trees along the western portion of the property;
• Designed and placed streets and lots in a manner to minimized amount of grading
needed to properly construct the development;
• Require a minimum number of trees to be planted on each lot as part of home
construction as part of the zoning and the deed restrictions;
• Relocate drainage and utility easements in a manner that maximizes tree preservation;
• Deed Restrictions/Homeowner Association:
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 21, 2005
Page 4 of 10
o Minimum house size of 4,000 sq feet;
o Provide minimum masonry requirements and acceptable masonry materials;
o Inform residential lot owners about Lot 12 S -P -1 zoning and require positive
confirmation that residents of Miracle Pointe understand commercial use of Lot
12;
o Establish an architectural review committee;
• Provide a subdivision entry feature that will showcase the exclusivity of the subdivision
with signage naming development
• Provide a wall /fence structure along Crooked Lane that will compliment the Cambridge
Place wall.
If approved on first reading, any changes to the plan needed as a result of the listed
commitments shall be provided prior to the second reading of this item.
Contact Dennis Killough with questions on this item.
8B. Ordinance No. 480 -460, 1 st Reading (ZA05 -025), Zoning Change and Site Plan for proposed
Lot 12_ Miracle Pointe_ beinu leually described as a aortion of Tract 6KI_ J.H. Freeman Surve
Abstract No. 529. The property is located at 2200 Crooked Lane. Current Zoning: I -1 Light
Industrial District. Requested Zoning: S -P -I Detailed Site Plan District. The property is the
approximate one acre portion of the former Pumpco property that contains the existing building
and parking area. The current zoning is I -1 light industrial district and the requested zoning is
"S -P -1" detailed site plan district with limited "O -1" office district uses and regulations. The
plan proposes the use of the existing 6,250 square foot building for office related uses.
The "S -P -I" zoning presented to the Planning and Zoning Commission generally adheres to the
"O -I" Office District uses and regulations with the following exceptions:
• The main use will be for a maximum 1,000 square feet of business and /or professional
nature office space and 5,250 square feet of storage for non - hazardous, non - noxious
materials;
• The required setback from the west property line shall be ten (10) feet;
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 21, 2005
Page 5 of 10
• A 6 -foot screening device shall be provided on all sides adjacent to residential
properties and as shown on the site plan;
• The required number of parking spaces shall be 13 spaces;
• The building shall be exempt from facade articulation requirements;
• Synthetic stucco shall be a permitted masonry material for up to 100% of the building.
The Planning and Zoning Commission recommended approval (7 -0) subject to review with the
following stipulations:
• Specifically noting that no trash dumpster and enclosure are shown on the site;
• The impervious coverage of the area is 44 %;
• Subjecting the zoning to the list of proposed permitted uses and development
regulations submitted and labeled as Attachment C, Page 5, of the staff report, with the
following changes:
• The property as permitted will be limited to the 0-1 Office District use that
allows business corporate headquarters when used for office purposes only;
• The required number of parking spaces for the site shall be limited to 8;
• The allowable storage in the storage area in the facility will be limited to
household and office related type storage items only.
Following the Planning and Zoning Commission the applicant has amended their "S -P -1"
request to further refining limited the "O -1" uses, storage and parking permitted on the
property. The modifications are follows:
• There is a maximum of 8 parking spaces;
• Building shall not be subdivided into individual lease or tenant spaces;
• Limit the storage in the building to office and household use. We will prevent storage of
commercially hazardous products.
• The use of the building will be limited to:
o The main use will be for business and /or professional nature providing services
(similar to Accounting and tax services, Real Estate developer, Architecture,
Business corporate headquarters, Investment services, Computer and
Management services, Engineering and the like);
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 21, 2005
Page 6 of 10
o Excluding the retail sale, banking, fabrication, manufacture or production of
goods or merchandise.
Contact Dennis Killough with questions on this item.
8C. Ordinance No. 887, I't Reading, Appoint a Municipal Judge and authorize the Mayor to
execute an agreement with the Municipal Judge and brovide an effective date. This item is
listed on the executive session list for deliberation. The proposed ordinance and agreement are
included in your packet information. The Judge's current agreement is effective from July 17,
2003, through July 17, 2005.
Contact the Mayor with questions on this item.
8D. Ordinance No. 888, 1 Reading, Amending Article IV of Chapter 2 of the Code of Ordinances
by establishing a new division relating to purchasing procedures. This ordinance establishes
authority for the City Manager to make budgeted expenditures of $25,000 (threshold specified
in Texas Local Government Code §252.021) or less without City Council approval. The
ordinance also authorizes the City Manager to execute change orders of $25,000 (threshold
specified in Texas Local Government Code §252.048(c)) or less.
The ordinance simply codifies the purchasing policy of the City, in accordance with the City
Charter Chapter IX Section 9.43 Purchasing states "The Council may, by ordinance, confer
upon the City Manger general authority to contract for expenditures without further approval of
the Council for all budgeted items not exceeding limits set forth by the Council ".
Contact Sharen Elam with questions on this item.
9A. Resolution No. 05 -028, Amending the Purchasing Policy. The current purchasing policy was
adopted September 7, 1993. The proposed updates address the changes in state law and
organization growth over the years. The revisions will provide stronger controls for city
purchases. The most significant revisions to the policy are the implementation of the
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 21, 2005
Page 7 of 10
procurement card program and incorporating a purchasing agent. The objectives and
benefits of the revisions are:
• increase purchasing controls,
• centralize the administration of purchasing program,
• improve expense and supplier analysis across organization,
• eliminate open accounts with vendors,
• pre- approved limits by employee responsibilities, and
• insurance for fraud
Contact Sharen Elam with questions on this item.
9B. Resolution No. 05-029, the city's participation in the Texas Building and
Procurement Commission Cooperative Purchasing Program. One of the requirements to
implement the procurement card program is membership in the Texas Building and
Procurement Commission Co -op. As stated previously, the implementation of the procurement
card program would increase purchasing controls, centralize the administration of purchasing
program and improve expense and supplier analysis across organization. The annual
membership cost is $100.
Contact Sharen Elam with questions on this item.
10A. Approve a Homeowner's Association Right -of -Way Maintenance Program. Many homeowner
associations (HOAs) in the city currently maintain certain rights -of -way and other selected
areas of public property within their respective developments. This practice originated from
developer's agreements that anticipated a level of maintenance higher than what the city could
provide.
In 2004, the Timarron HOA petitioned the city to help relieve some of these maintenance costs
within their development. Because the city cannot afford to maintain these public areas at the
level currently provided, city staff worked on some financial alternatives for the HOA.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 21, 2005
Page 8 of 10
Analysis showed that the city could consider a credit on water invoices associated with these
properties
Although initiated by Timarron, the city recognizes that many other HOAs are currently
maintaining public rights -of -way. As a result, the city recognizes that the program may be
extended to a city -wide Rights -of -Way Maintenance Program for all HOAs maintaining
selected areas of public property within their respective developments, upon application by the
HOA and execution of an agreement with the city.
Under this agreement, HOAs will continue to maintain these public rights -of -way near their
subdivisions. However, the city will provide equivalency credits for irrigation water used on
these public properties. The equivalency calculations found in the proposed agreement clearly
show that this will reduce the current costs of maintaining these areas while the Utility Fund
will still maintain financial solvency. Exhibits to the agreement will be provided Tuesday
night.
Contact Sharen Elam with questions on this item
OTHER ITEMS OF INTEREST
1. I have attached a letter from Malcolm Jackson concerning his intentions to retire from the city.
Contact me if you have any questions.
SKY
Staff Extension Numbers:
Baker, Ken, Director of Planning, 748 -8067
Elam, Sharen, Finance Director, 748 -8042
Farahnak, Pedram, Public Works Director, 748 -8097
Farwell, Lori, City Secretary, 748 -8016
Hugman, Kevin, Director of Human Resources, 748 -8193
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting June 21, 2005
Page 9 of 10
Jackson, Malcolm, Director of Community Services, 748 -8018
Kiefer, Chuck, Interim Deputy City Manager, 748 -8601
Last, Greg, Director of Economic Development, 748 -8037
Smith, Rick, Interim Director of DPS, 748 -2406
Thatcher, Ben, Assistant to the City Manager, 748 -8005
Yelverton, Shana, City Manager, 748 -8004
Malcolm Wayne Jackson
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Drar Frana:
'I he City of'Southlake is one of the rnast innCava"Ive, 131 C].6uessim wid hm"bk tom, P unifics with which rmc
kssac.akd. It remains iry3r distinct rir::ce and h0yyor to have nerd Ib ci w the least si xttt n
yes. In eazb ptr5on'r Oar= Ihate comas a ii i::;` to pass the torch to those witty whom. vm l avt served and
DO aller►v MW C114ACIS to aPi. PlEMse Moctpt tlyfS Ictier as - notice of nay intent to retire from the positiars as
Director of Community Smices effective Acipst 3 I, 2005.
peW pcZple eapelienC& tFit OPP(3ftnitjM That my cuccr atfcird. From the oagoii7!� pesiiwis of beln; v PU'3'LV
offi To [hc opponun ities as a fire fighter and eri Semay merlioal technician, in thc thTi 1 of t
dispalch serviots, ail piing the privilege to serve wrtlsiii the adrrtirti €t:atirm of baddi 6r� and
commnityservices pw1rs and remvatiort, nw carcm pro 9'&d unimaginable sat[sFaction and tblfrllmenl,
Noric of this would have been possible witficut the suppm I of my family, ifitnds, and cD - wmi=9 over tlic
past Yeats, to weber i irtmsiat truly grateful.
This city evolved during my 16 yew tenure, e merging fRi a sleepy Iittic town of m-o [ane counny rmads t o a
city wA ira 4mml F-cce r itke and respect, setiirn the pace Cot otlher cri:1n1r: j Ii -.cy ir5 follow. This sari be
attributed not -only to the Wmhap of picvkrus and cur=t administmions, t- i 1111e COn3miiment of
those community volmteers searing on the City counei i!, >Q6ards, grid um=issions, all dedicated to ,flaking
Sov tblakctTicbcstpowl"blccommiunil�f f retire iri tfre ooa fc) of krlc },gyring w3thlalt,e remains i n the hands of
qua] i ty leadership under g+rtr,.r adm wish its sung conun tment to 71a:: °•':lIi t.11e highest
MFOSiOnal st8MBF4ls ariid Me+eldr the expeCLatiim. for tic eifi s of ` owhhI. : fit .Iie same titue, f look
food to roc n-ued intumct ion and sm v2"ce c Mw. tuni 13M Wilh '11C 01 ; N-i i I P , A PriVatc Nrtile[Sbip
perspecti
For almost three dew my commitments to the ci Livs :end counOc5 that have honored tree with the
o utnityr to stm decree hmvc cousurmed many nights, weekmd -4, anir hni Ways away, fray my f9ritily,
including my wik six child=. mead bcu gwidclii ldren And wrlr[le I [gave beers truly 1 h1-t!qstd to leave served,
I t i4riew tirric fbr Fria to expencnce yet ano her pha:.� in my IjFt aryr°_ to sbwc those opportmnxities With my
fsm[ly I arilI always cherfA the exparicnccS Rnd c -Oatirlue to 100k fDl %r:ud] W a b318N MUM,
May bless and ymi and all thosa whoseivc in I-li s waY5
Rmpentfully,
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Malcolm ,Taeksari