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Item 4BCity of Southlake, Texas MEMORANDUM August 11, 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 August 17, 2004 Note — there will be an SPDC meeting prior to the Regular City Council meeting at 4:30 p.m. and then there will be work session immediately following the regular meeting to discuss Town Square development. (The work session agenda and packet information, if any, will be sent on Friday.) 4C. Financial Report. A copy of the report has been included in your packet. Contact Sharen Elam with questions on this item. 4D. Life Saving Award. On Saturday morning, July 24, Congressman Michael Burgess was holding a community meeting at Town Hall. There were a number of residents and members of Council present for his meeting. A 57 year old Southlake resident was sitting on the bench in the open lobby area when Councilmember John Terrell noticed the man having difficulty breathing. He immediately called 911 and began following their instructions. Knowing that Congressman Burgess is also a medical doctor, Mayor Wambsganss sought his assistance and he responded immediately. Members of Southlake Department of Public Safety arrived quickly but immediately observed the man go into a full cardiac arrest. DPS staff, assisted by Representative Burgess, was able to successfully revive the man and he has since been released from Baylor Grapevine to seek further medical care from cardiac specialists. The Southlake Department of Public Safety and the City of Southlake will be recognizing Congressman Burgess and Councilmember Terrell, as well as DPS members Woods, Henninger, Urbanoski, Peyton, Vernon, Blackwell, and Moloney with Life Saving Awards during the Council meeting. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting August 17, 2004 Page 2 of 9 5A. Approve minutes for the August 3, 2004, regular City Council meeting_ Contact Lori Farwell with questions or comments on this item. 7A. Ordinance No. 877, 2" d Reading, Changing the street name of Sam School Road to Sams School Road. It was brought to the city's attention by the Southlake Historical Society that the name of this road did not correctly reflect the family name from which it was derived. At the request of the Historical Society, staff is proposing to correct the name. City Council approved the first reading on consent (5 -0). Contact Ken Balser or Dennis Killough with questions on this item. 7B. Ordinance No. 480 -YY, 2 " Reading, An Amendment to the Comprehensive Zoning Ordinance No. 480, Section 4, Definitions and Section 45 Specific Use Permits, as amended, pertaining to petroleum operations, oil & natural gas drilling and production. Council approved the first reading on August 3, 2004. The second reading has been scheduled for the September 7, 2004 City Council meeting to give staff time for additional review. Contact Ken Balser with questions on this item. 7C. Resolution No. 04 -062, Establishing a 120 -day moratorium on all applications for gas and /or oil well drilling and production. City Council is currently reviewing amendments to sections 4 and 45 of the zoning ordinance (Ordinance 480 -YY) as they pertain to petroleum operations, oil and natural gas drilling and production. In conjunction with this ordinance, staff is in the process of developing an ordinance that addresses the technical operation and maintenance standards for gas well drilling and production. The proposed 120 -day moratorium is to ensure that the needed ordinances are adopted by City Council before any applications for well drilling and production are processed by the city. Contact Ken Baker with questions on this item. 8A. Ordinance No. 480 -443, l' Reading (ZA04 -026), Zoning Change and Site Plan for Carroll Terrace. The property is located at 600 North Carroll Avenue. The applicant is requesting approval of a zoning change and site plan from 0-1 office district to S -P -1 detailed site plan Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting August 17, 2004 Page 3 of 9 district. Under the S -P -1 zoning the applicant proposes limited 0-1 office district uses with 0-1 development regulations. The plan proposes five general office buildings totaling 28,735 square feet. The following regulations and variances are requested: • 10 foot side yard (15 feet typical in the 0-1 district), • allow landscape trellises to cross lot lines, • allow trash receptacles to be 12 feet from a residential property line. A minimum of 50 feet is required, • Allow driveway stacking depth to be a minimum of 28 feet. A minimum of 75 feet is required. The Planning and Zoning Commission recommended approval (4 -0) subject to Site Plan Review Summary No. 3, dated July 14, 2004; granting requested variances and incorporating the agreement made regarding the trash receptacles on both the north and south sides of the property. In addition, the maintenance of the landscaping and the trellises will be provided by the owner's association. The agreement has been included as part of the applicant's regulations in attachment `C' of the staff report. Contact Ken Baker or Dennis Killough with questions on this item. 8B. Ordinance No. 480 -444, 1 st Reading (ZA04 -039), Zoning Change and Site Plan for Cedar Ridge Offices The property is located on the northwest corner of SH 114 and North Carroll Avenue. The purpose of this request is to revise the previously approved site plan by combining three of the smaller buildings approved in the northwest corner of the site into one building. This plan adds the eastern property of the site to the plan and changes the zoning to allow carports and to adjust the impervious coverage regulations to allow for further subdivision of the property. The applicant has also deleted fourteen uses from the permitted uses of the C -3 retail commercial district. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting August 17, 2004 Page 4 of 9 The variances requested include articulation on buildings A and B and driveway stacking. Note that 100 feet is required. Driveways shown vary from 0 to 125 feet The Planning and Zoning Commission recommended approval (4 -0) subject to site plan review summary #3, dated July 30, 2004; granting the requested variances and allowing 51 covered - surface parking spaces and 126 covered parking spaces under Building A; requiring resurfacing of East Highland Street with the construction of the first building; and requiring that the intersection of East Highland Street at North Carroll Avenue be reconstructed to eliminate the street off -set and to improve the curb radii with the construction of Building A. Contact Ken Baker or Dennis Killough with questions on this item. 8C. Ordinance No. 480 -445, 1 St Reading (ZA04 -043), Zoning Change and Site Plan for Shady Oaks Office The property is located on the northwest corner of the intersection of West Southlake Boulevard and Shady Oaks Drive. The purpose of this request is to receive approval of a zoning change and site plan for the development of three office buildings and one future office building totaling approximately 29,806 square feet. Under the S -P -1 detailed site plan district zoning, the applicant proposes 0-1 office district uses and development regulations except for the following: • Covered Parking — A maximum of 33 parking spaces shall be permitted to be covered by a landscape arbor as shown on the site plan. — Four covered parking spaces shall be allowed to encroach into the 40 -foot setback line on the north side of the property and shall have a minimum setback of not less than 18 feet from the north property line as shown on the attached site plan. • Screening: An eight -foot screen of evergreen material is proposed to replace the six- foot wood fence required along the north and west property lines. • Parking Ratio: The proposed parking shall be one space per 246 square feet for the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting August 17, 2004 Page 5 of 9 professional office building use (general office requires one space per 300 sq. ft. of floor area). • Residential Adjacency The 4:1 height slope shall not apply to architectural towers. • Future Building: All buildings, proposed and future, will be similar in architectural style and materials. The following variances are being requested: • Driveway Spacing_ The required driveway spacing from an intersection and between drives is 500 feet on W. Southlake Boulevard. The proposed drive is approximately 254 feet from Shady Oaks Drive and approximately 375 feet from the nearest drive to the west. • Driveway Stacking: The required stacking depth for this site is 75 feet for each drive. A stacking depth of approximately 44 feet is requested for the drive on W. Southlake Boulevard and a stacking depth of approximately 39 feet is requested for the drive on Shady Oaks Drive. • Driveway Prohibited: Commercial, multi - family and service driveways shall not be permitted on collector or local streets unless the tract or lot has no other public access. The applicant is requesting a drive on Shady Oaks Drive. The Planning and Zoning Commission recommended approval (4 -0) subject to site plan review summary #3, dated July 30, 2004 allowing the variances requested and meeting the landscape administrator's requirement to adjust grades to ensure more trees survive. Contact Ken Baker or Dennis Killough with questions on this item. 8D. Ordinance No. 480 -441, 1 st Reading_(ZA04 -029), Zoning Change and Site Plan for Lot 1R, Block 1, Gateway Church Addition. This item has been withdrawn by the applicant. 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 August 17, 2004 Page 6 of 9 9A. Resolution No. 04 -055, Appoint a member to the Joint Drug and Alcohol Awareness Committee to fill the unexpired term of Brad Bartholomew until May 2005. Due to his recent resignation, the position held by Brad Bartholomew is now vacant. This item is on Council's agenda for an appointment to fill Mr. Bartholomew's unexpired term until May 2005. Contact Lori Farwell with questions on this item. 9B. Resolution No. 04 -061, Appoint members to the Crime Control and Prevention District Board of Directors. There are three Crime Control and Prevention District Board positions expiring September 1, 2004 (Bob Mundlin, Stuart Spencer, and Craig Sturtevant). Applications have been received from James R. Wilson, Bob Mundlin, Stuart Spencer, Richard Sandow, Rodger G. Hill, Sr., and Craig Sturtevant. Hard copies of the applications are included in your packet. Contact Lori Farwell with questions on this item. IOA. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. Due to a travel commitment, Councihmember John Terrell missed the August 3 meeting. The following P &Z Commissioners missed the August 5 meeting — Debra Edmondson, Al Morin and Bill Vaughn due to previous commitments. Contact Lori Farwell with questions on this item. IOB. Approve renewal of contract with Canada Life /Jefferson Pilot for employee Long Term Disability benefits This item is a renewal of the contract with Canada Life (now acquired by Jefferson Pilot) for employee long term disability benefits. Canada Life has been the insurer for LTD benefits for the past two years after proposing the lowest bid in May 2002. The current rate guarantee was for 24 months and will expire September 30. Canada Life /Jefferson Pilot has proposed a 12 -month guaranteed rate renewal with no increase from the current rate. The premium is paid by the City on the basis of budgeted employee annual salary. The cost is approximately $27,720 annually. Staff recommends approval of the contract renewal. Contact Kevin Hugman with questions on this item. 10C. Consider SPO4 -165, Variance to Sign Ordinance No. 704 -B, State Farm Insurance, located at 1101 East State Highway lway 114, Suite 108 This is a sign ordinance variance request from Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting August 17, 2004 Page 7 of 9 Glenda Petkus of State Farm Insurance located at 1101 E. S.H 114. The applicant is requesting to move the existing non - conforming sign to its new storefront in the same shopping center (Carroll Oaks) located at the southwest intersection of Carroll Avenue and eastbound access road of S.H.114. This sign does not conform to the sign ordinance regulations with respect to the letter /logo height and sign area. Contact Ken Baker or Dennis Killough with questions on this item. 10D. Award bid for North Carroll Avenue paving, drainage, water and sewer improvements from Federal Way to State Highway lway 114 to Mike Albert, Inc Staff has received the following bids for the project construction: Bidder Bid amount JLB Contracting, LP $2,019,541.89 Mike Albert, Inc. $2,052,081.55 L. H. Lacy $2,076,568.15 Tiseo Paving $2,150,478.00 McClendon Construction Co. $2,219,540.20 Staff recommends that Council decline award of bid to JLB Contracting, LP formerly known as J.L. Bertram Construction Company and award the contract to the second low qualified bidder, Mike Albert, Inc. The reasons for this recommendation are poor performance (see details listed below) by JLB Contracting, LP on two previously completed projects: Rehabilitation of W. Continental Boulevard from Peytonville Avenue to White Chapel Boulevard and Dove Road pavement widening from SH 114 to the intersection with Kirkwood. • Contractor exceeded contract time on one project by 244 %. The required completion time was 150 days; project was completed in 367 calendar days. • Staff received many complaints about the conduct of contractor's staff, contractor's inability to provide needed access to the area residents, and leaving project site in poor condition. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting August 17, 2004 Page 8 of 9 • Contractor failed to provide adequate qualified supervision on the project. • Contractor left project site for extended period of time to complete other projects for other customers. • Finished product on both projects was very poor, required rework which left the finished work having the appearance of a patched pavement. The contract award is based on the base bid which includes a deductive alternative for construction of an 8 -inch and 12 -inch sanitary sewer main from the intersection of Carroll Avenue and SH 114 to the N -4 interceptor in the amount of $177,783.00. This alternative was obtained at the request of the developer of Greenway, but the developer has declined the alternative due to financial considerations. Please contact Pedram Farahnak if there are any questions. OTHER ITEMS OF INTEREST Southlake Tennis Center "Racking' Up Events: • The Southlake Tennis Center (STC) hosted a ZAT Zonal Area Tournament (ZAT) event August 7- 9. It was one of only 12 tournaments a year awarded by the United States Tennis Association for the North West region of Texas. Approximately 300 players from Abilene, Midland /Odessa, Wichita Falls, Amarillo and local areas competed for points to move up in the USTA rankings. • The local community tennis association, NETT, will run USA Team Tennis this fall to allow all levels of players to compete in teams against other teams from the areas. The winning teams qualify for a state tournament in November. • STC has received preliminary approval to partner with CISD to run the middle school tennis programs beginning this spring. Funds raised through the Southlake Tennis Foundation will allow STC to offer programs at both middle schools at no cost to participants. Pros at STC will act as coaches and the players will compete against schools in Grapevine, Colleyville and Keller. • STC will host an adult USTA event at the Southlake Oktoberfest. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council meeting August 17, 2004 Page 9 of 9 • Director of Tennis at STC, Stephen Poorman, will be competing at the 20th Annual Huggy Bear Invitational in Southampton, NY at the end of August. This event pairs former touring pros with current Association of Tennis Players in a charity event. The event, sponsored by Ted Forstmann (a NY financier) raises about $4 million a year for a variety of children's charities. Mr. Poorman is one of only 16 former pros in the country invited to play in the event. Staff Extension Numbers: Baker, Ken, Acting Director of Planning, 481 -2046 Black, Rick, DPS Director, 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 Yelverton, Shana, Assistant City Manager, 481 -1429