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Item 4BCity of Southlake, Texas February 25, 2004 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting March 2, 2004 4C. SPIN Report. The SPIN Standing Committee respectfully submits a written report summarizing the February meeting and other current issues for your review. Contact John Eaglen with questions on this item. 4D. Library Board Report. The Board respectfully submits a written report regarding the meeting agenda and other items of interest. Contact Kerry McGeath or John Eaglen with questions on this item. 4E. Park and Recreation Board Report Emily Galpin is scheduled to give the Park Board report. Contact Malcolm Jackson with questions on this item. 5A. Approve minutes for the February 17, 2004, regular City Council meeting and for the February 17, 2004, joint meeting with City Council and Carroll Independent School District Board of Trustees. The minutes have been included in your packet. Contact Lori Farwell with questions or comments on this item. 7A. Ordinance No. 480 -431. 2 " Readinu (ZA03 -060) Zoninu Chance and Site Plan for Hibernia Bank. This property is currently zoned S -P -2 with 0-1 office district uses and regulations, excluding banks having drive through service. The purpose of this zoning change and site plan request is to reinstate the permitted use of a bank with drive - through service and revise the site layout. The applicant has spent several months working with SPIN and the adjacent property owners to resolve potential issues. The plan before you is the result of those efforts. There are no unresolved issues remaining on the plan review summary. A portion of the north (rear) fagade exceeds the maximum permitted vertical length by 3 feet. The applicant has agreed to widen the gable the necessary length to correct the problem. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 2004 Page 2 of 10 Under the S -P -1 detailed site plan district zoning the applicant proposes the following: • Permitted Uses — "O -1" Office District uses to include a bank with a drive - through. • LandscapeBufferyard — The landscape /bufferyard shall be as shown on the site plan. The western boundary will not be required to have minimum landscape /bufferyard. This bufferyard is located along the common driveway between this site and the adjoining site to the west. • Accessory Uses/ Structures — An automatic teller machine and a dumpster may be located between the bank building and North Carroll Avenue as set forth on the attached site plan. This property has fronts yards on both E. Southlake Boulevard and N. Carroll Avenue. Accessory structures are not permitted forward of the principal structure. The following variance is being requested: • Driveway Spacing — Required driveway spacing is 500' for full- access and right- in/right -out drives from an intersection on Southlake Blvd (FM 1709). The nearest drive to the west is 350' from the proposed driveway and the nearest intersection to the east is 280'. The plan approved under the current "S -P -2" zoning on this property permitted a right - in/right -out driveway in this location. The Planning and Zoning Commission recommended approval (5 -0) subject to site plan review summary No. 4, dated January 30, 2004; meeting requirements in comments no. 2 and 3 with the commitment to match the number and size of canopy trees on the east side of North Carroll Avenue through the North Carroll Avenue frontage of this site; add raised curb on right out driveway, in accordance with TxDOT and the city engineer's requirements to further prevent left turn movements; and add tall shrubs around the trash enclosure along street frontage. The City Council approved the first reading on consent (5 -0) subject to Planning and Zoning Commission recommendations. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 2004 Page 3 of 10 There have been no changes to this item since the first reading. Contact Bruce Payne or Dennis Killough with questions on this item. 7B. Resolution No. 04 -006, Southlake 2025 Plan — Vision, Goals and Objectives. The City Council agenda packet for this item includes the final recommendations of both the Planning & Zoning Commission and the Southlake 2025 Steering Committee for Phase I - Vision, Goals, & Objectives. Contact Bruce Payne with questions on this item. 7C. Resolution No. 04 -018 (ZA03 -091) Specific Use Permit for Southlake Boarding Facility. This property is zoned I -1 and is located at northeast corner of East Continental Boulevard and Crooked Lane. This is a proposal for a 16,000 square foot kennel. The kennel would house up to 109 dogs and 20 cats. Approximately 13,000 square feet is allocated for outdoor walking areas. Dogs are let outside approximately 20 to 30 minutes at a time a minimum of three times per day with an attendant. The total outdoor time is approximately six hours per day. The applicant stated in the meeting that the building will be acoustically engineered to contain interior noise. The property owner directly north and east of the sight conveyed their opposition at the Commission meeting. Their primary concern was noise during outdoor activity. The Planning and Zoning Commission recommended denial (5 -0). Since this is not a zoning case, this denial will not invoke the super majority rule. A simple majority is all that is required for approval. Contact Bruce Payne or Dennis Killough with questions on this item. 9A. Resolution No. 04 -016, Authorizing the City's participation in the Coalition of Cities initiating a formal hearing process against Charter Communications, Inc. to assess liquidated damages and other such actions as determined by the "Steering Committee of the Cities Participating in the Charter Communications Liquidated Damages Litigation," seeking liquidated damages, and authorizing the expenditure of funds for the purpose of conducting such uch proceedings. In Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 2004 Page 4 of 10 September 2002 the City of Southlake joined Fort Worth and eight other cities to contract with C2 Consulting Services, Inc. to perform an audit of Charter call centers located in Fort Worth, Denton, and Duncanville. The study entailed a review of call center reporting by Charter and their compliance with the customer service standards identified within each of the consortium cities franchise agreements. The consortium was provided seven audit findings in January 2003. The finding that pertains to the assessment of liquidated damages relates to the customer service standards that were agreed upon in the City's franchise agreement with Charter, approved in 1998. The finding is stated as follows: "The Cities should find that the Company has not met its burden of proof concerning compliance with the 90% service level standard for the period of January 2001 through June 2002." Staff presented these findings to the City Council on May 6, 2003, and the Council authorized the following actions (7 -0): • Authorized the City Manager to assess liquidated damages against Charter in the amount of $135,167; • Authorized the designation of a hearing officer selected by the consortium to handle Charter's appeal through an administrative hearing process. Upon the cities assessing liquidated damages, Charter requested disputed the results of the audit and requested 120 days to prepare a response, and requested the administrative hearing (that is available to them per the consortium cities franchise agreements). In the Summer and Fall of 2003, legal representatives of the consortium and Charter met several times to discuss the hearing process and the potential for a settlement. Charter then proceeded to provide to provide a large amount of previously unavailable data for the consortium to review. The consortium has reviewed this material, and upon review by the City of Fort Worth litigation division, the recommendation is to proceed with a formal hearing process. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 2004 Page 5 of 10 The resolution follows the City of Fort Worth's cost estimates for the hearing based on a City's per- subscriber basis. The initial deposit from Southlake to Fort Worth is $3,961, and they have asked the City Council to approve a contingency in the amount of $1,981, totaling $5,942. Staff is asking for an amount not to exceed $6,000 should you authorize the City's participation in the administrative hearing process. While we have cost estimates for the litigation regarding the administrative hearing, it is important to note that Charter has retained attorney Rick Disney to represent them on this matter. Therefore, the potential for additional litigation outside the hearing process exists. However, the consortium would implement a similar proportional cost system to pay for additional litigation costs. Finally, the resolution authorizes the City Manager or his designee to represent the City on the consortium and / or the Steering Committee of the Cities Participating in the Charter Communications Liquidated Damages Litigation. Contact John Eaglen with questions or continents on this item. 9B. Resolution No. 04 -019, Review of Investment Policy and Investment Strategies, The City's investment policy requires that a governing body review its investment policy and investment strategies annually. Finance department staff and the financial advisor have reviewed the current investment policy against recent changes to the Public Funds Investment Act and have not identified any necessary changes to the policy. Approval of the resolution will have no financial impact. Investing activity will continue in the same manner as in the past. Contact Sharen Elam with questions on this item. 10A. Resolution No. 04 -017, Calling the May 15, 2004, General Election, authorizing a contract for election services with Tarrant County Elections Administration, and authorizing a joint agreement with Carroll Independent School District for the May 15, 2004, election This resolution sets out the procedures for conducting the General Election and includes as exhibits the contract with Tarrant County Elections Administration, the joint agreement with Carroll Independent School District, and the agreements to lease voting equipment. Included for your consideration are the appointments of the election judge and alternate election judge. Last year, Council appointed Robert Flaherty as election judge and Mark Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 2004 Page 6 of 10 Spriggs as alternate election judge. Mr. Flaherty has agreed to be election judge once again, but Mr. Spriggs has previous commitments. Mr. Flaherty has recommended Zoe Stefansson as alternate election judge. Ms. Stefansson worked with Mr. Flaherty as an election clerk last year. Please note that early voting will be moved to the 3 rd floor of Town Hall adjacent to the school district and Direct Recording Electronic Equipment (DRE) will be used during early voting which allows both ballots to be executed at one polling station. The procedure for Election Day will remain the same as last year with each entity appointing its own election judges and maintaining separate optical scan paper ballots. The polling place for Election Day will remain the same, that being Carroll High School. Contact Lori Farwell with questions on this item. lOB. Matching funds request from Southlake Girls Softball Association for purchase and construction of bleacher shade structures at Bob Jones Park softball fields. The Southlake Girls Softball Association (SGSA) seeks SPDC matching funds for the construction of six bleacher shade structures at the Bob Jones Park softball fields. At their January 22, 2004 Board meeting, GS SA approved up to $55,000 for the purchase of the shade structures. The proposed shade structures would consist of metal poles with polyethylene fabric covers. Proposed colors are tan poles with a forest green top. The proposed shade structures are in accordance with the approved site plan and would encircle the backstop areas similar to what is in place at Bicentennial Park. If approved, the City share of the project would be up to $55,000 from the SPDC matching funds line item. SGSA has received a quote of $107,900 from Sun Ports International for the proposed project. The approved SPDC matching funds budget is $100,000 and the director of finance has confirmed that only $5,000 in matching funds has been requested to be encumbered in the current fiscal year. This leaves $95,000 available for other projects. The Park Board recommended approval (9 -0) at their February 9, 2004 meeting and SPDC will consider this Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 2004 Page 7 of 10 item immediately prior to the March 2, 2004 City Council meeting. Contact Malcolm Jackson with questions or comments on this item. 10C. Consider SPO4 -020, Variance to Sign Ordinance No. 704 -A, for Spa D'Aroma located at 613 East Southlake Boulevard, Suite F. This business is located in the Village at Timarron at the southeast corner of E. Southlake Boulevard and Byron Nelson Parkway The variance is to allow the sign to exceed the maximum permitted area. Attached signs are permitted 0.75 square feet per linear foot of lease space width. This space is approximately 48 feet wide and would allow a sign area of 36 square feet. The applicant is requesting 81 square feet. This sign is staggered with two lines of text. Contact Bruce Payne or Dennis Killough with questions on this item. lOD. Consider SPO4 -026, Variance to Sign Ordinance No. 704 -A, for Planet Beach Tanning Salon located at 2125 West Southlake Boulevard, Suite 325. This business is in the Southlake Market Place between Hobby Lobby and Petland. The applicant wants to change their existing sign "Planet Beach" to include their logo and the type of business "Tanning Salon." The store front width is approximately 24 feet. The maximum area permitted is 18 square feet. The applicant is requesting an area of approximately 42 square feet. Contact Bruce Payne or Dennis Killough with questions on this item. 10E. Consider SPO4 -027, Variance to Sign Ordinance No. 704 -A, for Washington Mutual located at 2120 East Southlake Boulevard, Suite B. This business is located east of Kroger in the Village Center shopping center. The store front width is approximately 29 feet in width. The maximum area permitted is approximately 22 square feet. The applicant is requesting an area of approximately 42 square feet. Contact Bruce Payne 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 2, 2004 Page 8 of 10 OTHER ITEMS OF INTEREST 1. Tree mitigation and reforestation fund report. The report below is for the period January 1 through February 9, 2004. Contact Malcolm Jackson if you have any questions with this item. TREE MITIGATION CASES Total Number of New Cases: 1 Number of Pending Cases: 4 Total Mitigation Amount (diameter inches): 318.5 REFORESTATION FUND Reforestation Fund Deposits: $31,850 Reforestation Fund Expenditures $442.50 Current Reforestation Fund Balance: $82,702.31 2. Adopt -A- Project Kicked Off Southlake residents seeking volunteer opportunities can now adopt a City project off a "to do" list from the City's homepage. Last week, the Community Services Department introduced Adopt -A- Project, a program for individuals, civic organizations, school and church groups, students, and community clubs who are looking for projects to improve their community through volunteer service. The program provides a list of projects ranging from landscaping tasks and maintenance of various parks and facilities to dismantling obsolete computers. Volunteers may devote as many or as few hours as they would like and may adopt projects on a one -time basis or as an on -going long term project. The Adopt -A- Project list may be accessed on the City's website at www.ci.southlake.tx.us under "Latest News" and will be advertised via news releases and on the City's cable channel. Contact Malcolm Jackson with questions on this item. 3. Southlake Tennis Center Awarded USTA Women's Tennis Tournament. The United States Tennis Association (USTA) recently announced that the Southlake Tennis Center has been awarded a USTA Women's Pro Event scheduled for June 28th through July 4th. The tournament is a futures event, the beginning level for pro tournaments, and will attract players ranked between 100 and Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 2004 Page 9 of 10 300 on the World Tennis Association circuit. The matches will take place each afternoon starting at 3 p.m. until about 9 p.m. Activities are being planned throughout the tournament such as a ladies pro -am event and a children's carnival. Stephen and Mia Poorman who operate the Tennis Center as private contractors for the City, were instrumental in making application for the tournament and will be serving as hosts for the event. Contact Malcolm Jackson with questions on this item. 4. Attachments to my memo ► CARS January 2004 monthly report IN Staff Extension Numbers: Black, Rick, DPSDirector, 481 -2406 Campbell, Billy, City Manager, 481 -1409 Eaglen, John, Assistant to the City Manager, 481 -1433 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 Killough, Dennis, Senior Planner, 481 -2073 Last, Greg, Economic Development Director, 481 -1671 McGeath, Kerry, Library Administrator, 481 -5727 Payne, Bruce, Planning Director, 481 -2036 Yelverton, Shana, Assistant City Manager, 481 -1429 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting March 2, 2004 Page 10 of 10 CALL A RIDE OF SOUTHLAKE, INC. Monthly Summary of Service Provided to Seniors and Handicapped — 2004 Jan. Feb. Mar. April May June July Aug. Total Newly Qualified Users 1 Total Qualified Users 134 Total Volunteer Drivers 32 Unduplicated Users Served 14 Volunteer Drivers Used 16 Driver Vehicle Miles Traveled 890 890 Driver Hours 44 44 Van Miles Traveled 0 0 Office volunteer Hours 33 33 Trip Requests Not filled 0 0 Pickup Ten Minutes Late 0 0 One Way Trips Medical/Dental 26 26 Southlake Senior Center 64 64 Personal Needs 17 17 Shopping 0 0 Business 0 0 Other Senior Centers 0 0 Other 0 0 Total One Way Trips 107 107 Rider Groups Senior & Handicapped >54 107 107 Handicapped >17 <55 Handicapped <18 Total Rider Groups 107 107