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Item 4BCity of Southlake, Texas MEMORANDUM October 13, 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 October 19, 2004 4C. Financial Report Included in your packet is the sales tax report. Financial reports have not been included due to end -of -year accruals. The end of year report will be included in a future packet. Contact Sharen Elam with questions on this item. 4D. S chool District Reports. Representatives from Carroll ISD and Grapevine - Colleyville ISD will present short reports to City Council regarding issues affecting their school district and the City. This item will appear on the Council's agenda on a quarterly basis and each of the Southlake school districts will be given the opportunity to address Council in this manner. Contact the Mayor with questions on this item. 4E. Local Business Report. The local business report will be provided by Foot Solutions Southlake located in Crossroads Square. 5A. Approve minutes of the October 5, 2004, regular City Council meeting_ The minutes are included in your packet. Contact Lori Farwell with questions or comments on this item. 5B. Authorize the Mavor to execute a brofessional services aureement with Cheatham and Associates for the design of the Florence Elevated Storage Tank. There is currently a 500,000 gallon elevated storage tank located on a five acre site at the end of Brewer Road just south of Florence Road. This tank was moved to this site from Bicentennial Park in 1987. Due to the City's growth, there is now a need to replace this tank with a 1.5 million gallon elevated storage tank. The FY 2004 -05 CIP budget includes $2,860,000 for the construction of this tank. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 19, 2004 Page 2 of 10 It is anticipated that the Florence tank will be designed similar to the Miron tank that was constructed in 2000 on Miron Drive. At the time the Miron tank was constructed, architectural steel was used with the two -tone paint scheme as a design to improve the appearance of the structure. The removal and disposal of the existing Florence tank will be included in the construction project. The engineering design fee is in the amount of $218,214 and funds are available in the CIP budget. Contact Pedram Farahnak with questions on this item. 5C. ZA04 -063, Revised Development Plan for Pecan Creek, Lot 2R, Block 60, Timarron Addition Phase 5 . The applicant tabled this item at the Planning and Zoning Commission meeting until October 21. Because this item has not received a recommendation from the Commission, it will need to be tabled until the November 9 City Council meeting. Contact Ken Baker or Dennis Killough with questions on this item. 5D. Authorize the Mayor to execute a Commercial Developer's Agreement with M.C. Properties for the construction of a 12" water line along SH 114 from North Kimball Avenue to Briarwood Drive. Currently there is no water line along S.H. 114 road from North Kimball Avenue to Briarwood Drive. A 12" water line was constructed by a developer in the past and is connected to a 6" water line located in Briarwood drive which runs from East Highland Street. During the past few months, the developer has constructed an office building at the northwest corner of Briarwood Drive and the Westbound S.H. 114 frontage road. This building is required to be sprinkled. After determining that the existing 6" water line, to which the existing 12" water line is connected, will not provide enough pressure and volume to operate the sprinkler system in his building, the developer has agreed to install a bigger line. By City policy, the City will reimburse the developer for the oversize cost between an 8" water line and a 12" water line. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 19, 2004 Page 3 of 10 The developer is requesting reimbursement of $14,669.63 for oversize cost and $42,633.63 for other City participation in the cost of constructing the 12" water line from North Kimball Avenue to Briarwood Drive for a total City reimbursement of $57,303.26. Funds are available for the oversizing costs in the current CIP. Contact Pedram Farahnak with questions on this item. 5E. Authorize the Mayor to execute a Residential Developer's Agreement for Estes Park II, a 46 -lot subdivision, located on the west side of North Carroll Avenue between Carroll Meadows Court and Dove Street. The addition includes 40 residential lots and 6 common area lots. The public infrastructure includes 4,248 linear feet of streets, storm sewer, 3,961 linear feet of water lines and 4,083 linear feet of sanitary sewer lines. The developer is constructing 875 linear feet of a 12" water line along North Carroll Avenue from the south of the subdivision to his north property line, for which the City will reimburse the developer for a portion of the cost when the construction is complete and has been accepted by the City. The City will reimburse the developer $33,154.38 for the off -site and oversized 12" water line. There is an existing drainage problem along this section of North Carroll Avenue and the developer will make some drainage improvements along the roadway ditches and request that the City participate up to $10,000. The Park Board has recommended the acceptance of 1.37 acres of park land dedication, 0.75 miles of public pathways and $4,800 of amenities along those pathways to satisfy the park dedication fee of $117,000 for Estes Park II and III. Contact Pedram Farahnak with questions on this item. 5F. Approve the appointment of Ken Baker as Director of Planning. As you know, Ken Baker has been Interim Director of Planning since mid -July, and I believe he has done an excellent job. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 19, 2004 Page 4 of 10 He has carried out the day -to -day business of the department with the utmost professionalism and attention to detail with very little guidance. I have heard nothing but praise from his peers, as well as his fellow workers. As a five -year Southlake employee with over 16 years of planning experience, Ken easily organizes the resources needed to get things done, understands city procedures, and has a strong familiarity with the community. His appointment to this position will allow us to move forward without any obvious transitional challenges. Ken's resume has been included with your packet information. Contact me with questions on this item. 7A. Ordinance No. 480- 447,(ZA04 -051), 2 " Reading, Zoning Change and Site Plan for Clearview Eyecare & Laser Center This property is located at the northeast corner of Briarwood and SH 114. Current zoning is C -2 and the requested zoning is for S -P -1 with C -2 uses for the development of a medical office building of approximately 11,565 square feet. The primary purpose for the zoning change request is to allow for 11 covered parking spaces as an accessory use on the north side of the building. Under the S -P -1 detailed site plan district zoning the applicant proposes C -2 local retail district uses and development regulations with the following modifications: • Covered Parking — Covered parking shall be a permitted accessory use and limited to the 11 spaces as shown on the site plan. Covered parking shall be constructed of the same materials, style, etc. as the medical office building. • Loading Spaces — A loading space is not required for this site. • Articulation — The articulation on the rear (north) elevation shall be allowed as shown on the site plan. The following variances are being requested: • Driveway Spacing —The minimum required spacing from an intersection on the service road of State Highway 114 is 200 feet. The minimum required spacing between drives on the service road of S.H. 114 is 250 feet. The proposed driveway is approximately 159 feet (200 feet required) from the intersection to the west ( Briarwood Dr.) and approximately 90 feet (250 feet required) from the drive to the east. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 19, 2004 Page 5 of 10 • Driveway Stacking Depth — The required stacking depth for this site is 50 feet for each drive. A stacking depth of approximately 29 feet is requested for the drive on Briarwood 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 driveway on Briarwood Drive. The Planning and Zoning Commission recommended approval (6 -0) subject to review and: • accepting the applicant's commitment to add a left turn only sign onto Briarwood; • noting the applicant's comments that the landscaping will be similar to the adjacent office building including evergreens along the back; and • accepting the variances as proposed. City Council approved first reading (6 -0) subject to review; and the recommendations of the Planning and Zoning Commission; and requiring that the dumpster be relocated to face the building instead of the street. There have been no changes to this plan since the first reading approval. Contact Ken Baker or Dennis Killough with questions on this item. 8A. Ordinance No. 480 -448, (ZA04 -054), 1 st Reading, Zoning Change and Concept Plan for St. Emilion Subdivision This property is located on the north side of East Highland Street between Sunshine Lane and Ashmoore Court. The applicant is requesting approval of a zoning change and concept plan from AG agricultural district to SF -30 single family residential district. The plan proposes the development of 17 residential lots on 16.93 acres. The land use designation for this area is low density residential, which recommends single family detached residential development not to exceed a net density of 1 dwelling unit per acre. The net density for this development is 1.12 du /ac. It is staff s opinion that this proposal is not compliant with the land use plan. Any motion for approval of this item should include justification for non- compliance with the land use plan. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 19, 2004 Page 6 of 10 The Planning and Zoning Commission recommended denial (6 -0). Due to the recommendation for denial by the Planning and Zoning Commission and opposition from surrounding property owners within the 200 feet exceeding 20% (± 22 %), a super - majority vote for approval (6 of 7 Councilmembers) is needed to approve this zoning change. Contact Ken Baker or Dennis Killough for questions on this item. 8B. Ordinance No. 480- 449,(ZA04 -079), 1 st Reading, Zoning Change for 711 South White Chapel Boulevard being a portion of Lot 3R1, Block A, White Chapel Place Addition. This is a request for a zoning change from SF -lA single family residential district to RE single family residential estate district on the most northerly 17 foot wide portion of Lot 3R1, Block A, White Chapel Place Addition. The strip will be combined with the adjoining lot to the north, zoned RE, by an amended plat. The Planning and Zoning Commission recommended approval (6 -0). Contact Ken Baker or Dennis Killough with questions on this item. 10A. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. Commissioner Vernon Stansell missed the October 7 Planning and Zoning Commission meeting because he was out of town on business and Councilmember Laura Hill missed the October 5 City Council meeting because she was out of town. Contact Lori Farwell with questions on this item. lOB. Consider SPO4 -212, Amendment to Conditional Sign Permit for Gateway Plaza Phase II, located at Southlake Boulevard and Nolen Drive. The current conditional permit allowed two monument signs on S.H. 114 and one on East Southlake Boulevard, larger than permitted by the sign ordinance. The proposal that last appeared before the City Council in September proposed to remove one previously approved monument sign from S.H. 114 and add two additional monument signs along East Southlake Boulevard. The applicant has revised that plan by reducing the size and number of tenant slots on the monument sign proposed on the southeast corner of the property by splitting it into two monument signs. The applicant now Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 19, 2004 Page 7 of 10 proposes adding three signs on East Southlake Boulevard, one additional development monument and two smaller building - specific monument signs. Original Conditional Sian Permit SH 114 - 2 signs approved (0 signs constructed) FM 1709 - 1 sign approved (1 sign constructed) 3 total signs approved 1 sign proposed 4 signs proposed (including 1 existing sign) 5 total signs proposed Contact Ken Baker or Dennis Killough with questions on this item. 10C. Consider SPO4 -246_ Variance to the Sian Ordinance 704 -B for Lake Wood Acres office building located at 750 -758 North Carroll Avenue. This is a request to exceed the maximum number of days a banner sign may be displayed. The applicant recently had their monument sign removed due to the improvements being made to North Carroll Avenue. They are asking to display a banner sign for their tenants for a maximum of 60 days to allow time to construct a new monument sign. Contact Ken Baker or Dennis Killough with questions on this item. 1 IA. Southlake Town Square development. We are including this on the agenda in the event there are any new items or points to discuss regarding Town Square Grand Avenue development. Other Items of Interest 1. Texas Parks and Wildlife Department Trail Grant Denial City staff recently was informed by the Texas Parks and Wildlife Department (TPWD) that the roughly $100,000 sought via the Recreational Trails grant program was not awarded to the city. As in previous years, the grant is extremely competitive, and more than twice the amount of grant money that is awarded is also turned away each year. As you will recall, the Southlake entry this year was completion of the outer loop trail at Bob Jones Park. Unfortunately, because of Southlake's relatively low Amended Conditional Sian Permit Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 19, 2004 Page 8 of 10 density, its demographics, and the relatively recent $500,000 TPWD grant award in 1999 in Bob Jones Park, other projects scored higher on TPWD's scale. Contact Malcolm Jackson with questions on this item. 2. Memorandum of Understanding with David Baltimore. In a continuing effort to provide quality services of interest as part of our seniors' programs, we recently entered into an arrangement with Mr. David Baltimore for his use of a laptop computer for senior programs. The laptop computer provides support for the AARP homebound tax assistance program for which he volunteers, and it provides another option to assist seniors with computer education both while at the senior center and while at off -site locations. We appreciate the volunteerism displayed by Mr. Baltimore and his efforts to provide a much needed service within our community. Staff continues to explore other options to enhance senior programs. Contact Malcolm Jackson with questions or ideas on this item. 3. Bob Jones Park Softball Complex Grand Opening and Harvest Fest. -- Just a reminder, the grand opening and dedication ceremony for the Bob Jones Park softball fields is scheduled for Saturday, October 23 at 12:00 noon. Please plan to attend and help celebrate the completion of these wonderful new facilities. In conjunction with the grand opening celebration the Community Services Department will be presenting the annual Harvest Fest Carnival at Bob Jones Park beginning at 5:00 p.m. There will be music, games, inflatable games, and fun for the entire family throughout the day and into the evening. Contact Malcolm Jackson with questions on this item. 4. Negotiations with Verizon regarding their proposed cable franchise in Southlake and other cities are not proceeding well. Our consortium attorney has attempted to work on the drafts with Verizon face -to -face but Verizon's attorneys persist in replying with further changes rather than meeting to discuss the details. Verizon representatives had indicated that the agreements were close enough to go face -to -face with the individual cities and then responded to the latest draft with an astounding 660 changes to our last proposal. While some of the changes were minor, a substantial number were not. Some of these issues are the very same ones discussed in Grapevine months ago. In that meeting, Verizon clearly stated the only non- Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 19, 2004 Page 9 of 10 negotiable issue was the service area. They indicated all the other suggested provisions outlined in that meeting were reasonable; we just needed to negotiate the detail. That has not occurred. As an example A 9- and 6- year term for the franchise was discussed at that first meeting. Verizon seemed receptive. Yet that has been rejected. They have asked for a term that is 50% longer than the 10 year term the incumbent has in Colleyville, which like the service area issue could give rise to a legal action against the city for granting a more favorable franchise. The same is true for Keller. They ask for a term that is 25% longer. At the 2nd meeting in Grapevine, Verizon indicated they would consider an indemnity clause the attorneys had drafted that would require Verizon to defend the city and fund the litigation cost if a suit was brought. They have now rejected that required indemnity to one at Verizon's option. Verizon has revised the statutory language on the definition of gross revenue, to one narrower in scope, with a proposed list of services that they characterize as "non- cable" and thus not subject to the franchise fee, notwithstanding some of these services may be characterized by pending litigation or the FCC as cable services; They have proposed an effective date which effectively makes this an open ended franchise —as it only starts after Verizon provides cable service and they have deleted any requirement to start to provide service at any time certain. On the Customer Service Standards, Verizon has deleted the reservation of rights of a city to promulgate other standards under federal law and FCC regulations, a term which is expressly in the Keller Franchise. Requirements for the number of access channels have been reduced and financial support has been deleted, yet that is required presently in Colleyville. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 19, 2004 Page 10 of 10 They have deleted standard language on reservation of rights to regulate cable rates as allowed by federal law and have even revised the proposed detailed franchise fee reporting form to just a general characterization of revenues. As you can tell from the above discussion much still needs to be resolved. Our attorney will schedule a call with Verizon next week to determine if any of the major items are still negotiable and then review with us if the final changes are tolerable. Contact Gary Gregg with questions on this item. am Staff Extension Numbers: Baker, Ken, Director of Planning, 481 -2046 Black, Rick, DPS Director, 481 -2406 Campbell, Billy, City Manager, 481 -1409 Elam, Sharen, Finance Director, 481 -1713 Farahnak, Pedram, Public Works Director, 481 -2308 Farwell, Lori, City Secretary, 481 -1519 Gregg, Gary, ITManager, 481 -2150 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