Item 4BCity of Southlake, Texas
MEMORANDUM
May 2, 2003
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
May 6, 2003
Note that there will be a special meeting at 5:00 p.m., prior to the regular City Council meeting,
to consider approval of Resolution No. 03 -027, canvassing the general election held on Saturday
May 3. Information for this item is included in your packet.
Agenda Item 4A. 1. Oath of Office for Mayor and Councilmember Place 2 Judge Carol Montgomery
will be present at the meeting and administer the oaths of office.
Agenda Item No. 5A. Approval of the minutes of the City Council regular meeting held on April 15,
2003 The minutes are included in your packet. If you have any questions or corrections, contact Lori
Farwell.
Agenda Item No. 5B. Resolution No. 03 -029, Appointment of Mayor Pro Tem and Deputy Mayor Pro
Tem As stated in the Home Rule Charter, Section 2.07 Mayor Pro Tem and Deputy Mayor Pro Tem
"At the first meeting after each general election or general election run -off, if any, or as soon thereafter
as practicable, the Mayor shall, with the approval of the Council, appoint one of the Council members
as Mayor Pro Tem and one as Deputy Mayor Pro Tem who shall hold their offices for one year. The
Mayor Pro Tem shall perform the duties of Mayor in case of the absence or disability of the Mayor. In
case of absence or disability of both the Mayor and the Mayor Pro Tem, the Deputy Mayor Pro Tem
shall perform the duties of Mayor." This item has been placed on the agenda so that these positions
can be filled if the new Mayor is ready to do so. Please contact me if you have questions about this
item.
Agenda Item No. 5C. Consider Approval of Town Hall Irrevocable License and Parking, Manag ement
and Use Agreement. In Fiscal Year 1998 the Council approved Southlake Town Square Phase One
commercial developer's agreement. The memorandum of understanding attached to the developer's
agreement was incorporated in the agreement to address issues related to "City Hall," the property,
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
For City Council meeting May 6, 2003
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parking facilities, construction of improvements, reimbursement of improvements, timing of project,
etc.
The memorandum of understanding states that the Town Hall building requires parking at a ratio of not
less than one (1) space for every 330 square feet of building area ( "parking "). The parking was to be
provided subject to the following conditions:
1) 25% shall be specifically reserved for the exclusive use of the building occupants and the
residential, 75% shall be non - exclusive;
2) provided further that ten (10) spaces shall be provided, and exclusively reserved, as on street
adjacent to the building for short term parking; and
3) that the City shall pay all costs associated with such parking, subject to the City and the
developer entering into a separate agreementroviding for the location of all exclusive
parking and any terms, conditions and /or limitations to the Cites ayment of such costs
(emphasis added).
The proposed parking agreement for your consideration complies with the provisions of the referenced
developer agreement and the memorandum of understanding. The attached agreement does not
address the reserved 10 spaces adjacent to the building for short term parking. It is the staff s opinion
that it is not necessary to reserve spaces for Town Hall; it is more important for all Town Square
patrons to have accessible parking spaces. The annual estimated maintenance cost is anticipated to be
around $25,000 (25% will be reimbursed from Tarrant County). If you have any questions related to
this agenda item, contact Sharen Elam or myself.
Agenda Item No. 7A. Resolution No. ZA03 -026 (ZA03 -017) Specific Use Permit to allow the sale of
alcoholic beverages at Pei Wei Asian Diner. This property is located in the southeast corner of
Southlake Town Square at 1582 E. Southlake Boulevard, just west of Petsmart and the old Room Store
building. The current zoning on the property is "DT" Downtown District. The purpose of this request
is to sale alcoholic beverages in the restaurant.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
For City Council meeting May 6, 2003
Page 3 of 13
The Planning and Zoning Commission recommended approval of this item on April 17, 2003 (6 -0). If
you have any questions regarding this item, please contact Bruce Payne or Dennis Killough
Agenda Item No. 8A. Ordinance No. 480 -419, l' Reading (ZA03 -015) Zoning change for property
located at 3333 Southlake Park Road East. This property is located at 3333 Southlake Park Road East,
approximately 500 feet north of Ridgecrest Drive, adjacent to the Grapevine Lake Corp of Engineers'
property. The current zoning on the property is SF -20B Single Family Residential District and the
requested zoning is "SF-IA" Single Fancily Residential District. The land use designation is medium
density residential. The property is approximately 1.2 acres in area. The "SF -20" zoning district does
not permit the stabling of grazing animals. The applicant would like the ability to have horses on the
property as permitted in the "SF -1 A" district.
One property owner within the 200' notification area has registered opposition to the request. That
property is located on the west side of Southlake Park Road East, across the street from the subject site
(Property owner No. 8 on Attachment `E', the Owner Exhibit Map, in the staff report). The reason for
opposition was not stated in the letter received by the Planning Department. However, the applicant
spoke with the opposed property owner who said their concern was that defecation from the animals
could contaminate their water well. The applicant conducted research and found that the well is
approximately 650' deep and is below an impermeable limestone rock formation. Contamination of
the system by means of surface run -off would not appear to be possible. It should also be noted that
the entire subdivision is on septic systems. The opposition from this property owner (11% of the
surrounding 200' area) does not invoke a super - majority vote requirement.
The Planning and Zoning Commission recommended approval (6 -0) on April 17, 2003. If you have
any questions regarding this item, please contact Bruce Payne or Dennis Killough.
Agenda Item No. 9A. Resolution No. 03 -030, a resolution of the City of Southlake, Texas, consenting
to the transfer of certain property, and to the transfer of all or a portion of tax abatement agreements
entered into by and among the City of Southlake, Texas, Sabre Inc., and certain other parties. Due to
changes in financial accounting rules, Sabre Inc. plans to refinance the lease governing its Southlake
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
For City Council meeting May 6, 2003
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corporate headquarters. The refinancing will necessitate a change in the legal title holder. This
resolution provides Sabre confirmation of our consent to these changes. As is the case for the existing
lease, Sabre, Inc. will be the lessee and user of, and will continue to occupy the physical premises of,
the Southlake corporate headquarters under the new financing arrangement. The only other minor
change is the recognition of "Sabre Holdings Corporation" as the parent entity for purposes of the
"affiliates" definition. No financial factors or thresholds related to the tax abatements are being
changed. Contact Greg Last should you have any questions.
Agenda Item No. 10A. Approval of a variance to Sign Ordinance No. 704 -A for Busy B's Bakery
located at 480 West Southlake Boulevard, Suite 4105. Ms. Hsiang -Lan Wood of Busy B's Bakery is
requesting a variance to Sign Ordinance 704 -A regarding banner display duration. The applicant is
requesting a one -time banner display for a period not to exceed ninety days. The allowable display
period for a banner is fifteen days by ordinance. Contact Rick Black with questions or continents.
Agenda Item No. lOB. Approval of a variance to Sign Ordinance No. 704 -A for Texas Tan located at
3300 East State Highway nway 114, Suite 4113 Brice Burk, representing Texas Tan, is requesting a
variance to install a sign with 30 -inch letters and an area of 52.76 sq. ft. City ordinance allows 18 -inch
letters at 101 feet from R.O.W. and the area allowed under the ordinance is 26.25 sq. ft.
The signs of adjacent tenants facing Park Blvd. vary in size due to sign approval dates - Blockbuster
Video (1991) has 36 -inch letters, Pack and Mail (2001) has 18 -inch letters, Jo Tailors (1992) has 24-
inch letters, and Town & Country Cleaners (1986) has 15 -inch letters. Pack and Mail is a conforming
18 -inch sign installed in 2001 under the present ordinance. The remaining signs mentioned are legal
non - conforming signs installed under previous ordinances. Contact Rick Black with questions or
comments.
Agenda Item No. IOC. Approval of a conditional sign permit under Section 6 of Sign Ordinance No.
704 -A for Southlake Corners (Wal -Mart redevelopment) Mr. Hank Quigg, representing Southlake
Corners located at 200 North Kimball Avenue, is requesting a Conditional Sign Permit specific to his
development. The purpose of a conditional sign permit is to allow for a specialized review of signs
which may not be appropriate without certain restrictions which, if controlled as to the number, size,
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
For City Council meeting May 6, 2003
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height, color, location, lighting, or relation to adjacent properties, would promote the health, safety,
and welfare of the community.
Conditional sign permits have been approved for Southlake Town Square, Village Center, and
Gateway Plaza.
This is a summary of the conditions requested for this item:
• Anchor Tenants A, B, and C occupying the primary building are requesting two signs each
with maximum letter height of 72 inches. There is a combined sign area of .75 sq. ft. for
every one foot of street frontage for the entire building. Tenants shall divide the total area
with no tenant sign exceeding 250 sq. ft.
• Retail tenants occupying the two secondary buildings are requesting two signs with a
maximum letter height of 36 inches. There is a sign area of .75 sq. ft. per foot of width of
the building or lease space, but not limited to less than 45 sq. ft.
• The signs may be permitted at any public entrance or facade facing or visible from the
public R.O.W.
Other Signs (including Business Signs):
• All other signs will comply with the sign ordinance and shall be considered in addition to
the above modifications.
Entry features signs: One entry feature sign is requested to be located at Southlake and Kimball, not to
exceed 12 feet in height, with a total sign area of 100 sq. ft. (50 sq. ft. per sign face); another entry
feature sign is to be located along SH 114 not to exceed 30 feet in height with a total sign area of 100
sq. ft. (50 sq. ft. per sign face). Entry feature sign design characteristics will simulate the building
facade. Entry feature signs are a special category of sign not in the sign ordinance but have been
permitted at Gateway Plaza and Village Center.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
For City Council meeting May 6, 2003
Page 6 of 13
If you have any questions, contact Rick Black.
Agenda Item No. IOD. Authorize Mayor to execute a residential developer's agreement for Clariden
Ranch, Phase III, a 59 -lot subdivision located on North White Chapel Boulevard Clariden Ranch
Phase III is the third addition of Clariden Ranch being developed on the west side of N. White Chapel
Boulevard south of Bob Jones Road. In 2001, the developer constructed Clariden Ranch Phase IA, IB
and II (formerly known as Crown Ridge).
In developing the Clariden Ranch Phase IA, IB and II, the developer was required to relocate a portion
of T.W. King Boulevard and construct an off -site sewer line and sanitary sewer lift station that serves
those developments. The City granted the developer some credits from impact fees and administrative
processing and inspection fee for constructing these improvements.
The construction of Clariden Ranch Phase III includes the installation of 7,450 linear feet of water line
and 5,780 linear feet of sanitary sewer line. It also includes the construction of 6,000 linear feet of
streets and 2,215 linear feet of underground storm sewer.
The developer is requesting some additional credits in Clariden Ranch Phase III for the construction of
T.W. King Boulevard and sanitary sewer lines constructed in Clariden Ranch Phase IA, IB and II.
The developer is requesting additional roadway impact fee credit in the amount of $16,520. The
reason for this request is because his cost of reconstructing T.W. King Blvd. was $85,600 and his
roadway impact fee credit and inspection fee credit in Phase IA, IB and II was only $69,080.
The developer is also requesting sanitary sewer impact fee credit in Phase III for construction of the
off -site sewer line and lift station in Phase IA, IB and II in the amount of $69,703. The reason for this
request is because his cost of constructing the sanitary sewer line and lift station in Phase IA, IB and II
was $156,310 and his sanitary sewer impact fee credit and inspection fee credit was only $56,415. The
off -site sanitary sewer line and lift station will serve other properties.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
For City Council meeting May 6, 2003
Page 7 of 13
The developer will also receive a reimbursement for an over -sized 12" water line in T.W. King
Boulevard per the city's oversize reimbursement policy
If the roadway impact fee credit is granted, the credit will amount to $16,520. If the sanitary sewer
impact fee credit is granted, the credit will amount to $69,703. The reimbursement for the oversized
water line is estimated to be $9,053. The developer will pay a park fee of $88,500 in lieu of park land
dedication. If you have any questions, contact Pedram Farahnak.
Agenda Item No. 10 -E, Authorize the City Manager to Assess Liquidated Damages against Charter
Communications, and Establishing Procedures for Handling the Appeal Process. The City of
Southlake approved a transfer of the control of the cable television franchise from Marcus Cable
Associates, L.L.C. to Paul G. Allen (Charter Communications), effective March 26, 1999. The City of
Southlake franchise agreement with Mr. Allen establishes customer service standards, and established
a procedure for the assessment of liquidated damages if the City deemed that Charter was non-
compliant with these standards.
In September 2002 the Fort Worth Area Charter Consortium Cities (Fort Worth, Denton, Duncanville,
Burleson, North Richland Hills, Benbrook, Keller, Southlake, Hurst), a group of cities that transferred
their respective cable franchises to Mr. Allen in 1999, hired C2 Consulting Services, Inc. to perform a
review (the "audit ") of Charter Communications call centers located in Fort Worth, Denton, and
Duncanville. The study entailed a review of call center reporting by Charter to the cities for the period
of January 1, 2002 through June 30, 2002.
This finding was that Charter had not met the burden of proof concerning compliance for a required
customer service standard that answer time to the call centers would be answered by Charter
representatives (including wait time) within thirty (30) seconds after the connection is made, and if
transferring is required, the time to complete the transfer would not exceed thirty (30) seconds, ninety
percent of the time under "normal operating conditions."
The audit finds that Charter has been adjusting their statistics by claiming "abnormal" occurrences (in
the scope of the audit 68% of the time) in order to meet the standard. The audit noted in particular that
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
For City Council meeting May 6, 2003
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unadjusted statistics reflect that weekend performance is significantly below the standard. Potential
results to the City of continued poor customer service performance by Charter include the following:
• Frustrated customers increasingly move to other means (satellite dish), potentially resulting
in diminished franchise fees payable to the City;
• Over time, potentially increasing the City's service level, as frustrated customers expect to
have the City handle customer service issues with Charter.
On the basis of the audit, the City of Fort Worth questioned Charter representatives with respect to
Charter's quarterly reports for the period from the third quarter of 1999 through the fourth quarter of
2000 and for the third and fourth quarters of 2002. The City of Fort Worth determined that Charter has
not been able to substantiate the adjustments for abnormal operating conditions as reflected in
Charter's quarterly reports to the City for those time periods. As a result of this finding, consortium
cities have assessed liquidated damages for these additional time periods outside of the audit. The
estimated total of the consortiums' liquidated damages against Charter exceeds four (4) million dollars.
Staff is requesting action on two items: 1) Authorize the City Manager to assess liquidated damages
against Charter in similar fashion to that of other consortium cities, totaling $135,166.67 to the City of
Southlake; and 2) establish procedures for handling Charter's appeal per the City's franchise agreement
with Charter.
Relating to the second action item, with Southlake being the last city to take action on this item, staff
has been able to monitor Charter's response to the other cities. Charter has indicated that they will
follow the appeal process specified under the cities franchise agreements. The City of Southlake
franchise agreement specifies that City Council may hear Charter's appeal, or designate a city official
or other person to act as a hearing officer. The consortium has discussed jointly hiring a hearing
officer to handle Charter's appeal all at one time and submit findings to each City Council for final
decision.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
For City Council meeting May 6, 2003
Page 9 of 13
A copy of the audit, the procedures for assessment of liquidated damages, and a copy of the notice
letter of non - compliance from Fort Worth (if authorized, the Southlake letter would be modeled after
this copy) is included in your packets for review. Please contact John Eaglen with questions or
comments regarding this agenda item.
a Item No. 11A. Discussion of senior- related transportation issues. Community Service staff
met with Mr. Steve Lakin, Chairman of the Board of Directors for Call a Ride Southlake (C.A.R.S.) to
discuss the future of the C.A.R.S. organization. Mr. Lakin indicated that C.A.R.S. expects to end its
volunteer operation around December of this year, citing reduced donations and the tremendous
demand of time involved in the recruitment and retention of volunteers and on -going finding.
Mr. Lakin suggested that the City of Southlake begin reviewing options for seniors to continue to
receive transportation assistance. Mr. Lakin further indicated that both the existing C.A.R.S. van and
all of the financial assets would be forwarded to any organization that continued the operations of a
similar program. Several options have been discussed among C.A.R.S. representatives, the Senior
Advisory Commission, and city staff members, including the following: (1) City completely fund
C.A.R.S. operations, including the existing C.A.R.S. employees; (2) Continue a C.A.R.S. -like program
using all volunteers through the Senior Advisory Commission; (3) Seek alternatives utilizing other
existing organizations such as Metroport Meals on Wheels or Northeast Transportation Systems; (4)
Discontinue this type of service; or (5) Seek some other alternative not yet identified.
Staff is currently exploring combining efforts with eight area cities (Hurst, Euless, Bedford, NRH,
Colleyville, Haltom City, Keller, and Grapevine) who have formed an Urban Transit District and took
over Northeast Transportation System (NETS) at the request of TxDOT in order to continue receiving
federal funds. NETS is presently operating out of the YMCA in North Richland Hills providing
service through the use of four vehicles. They provide, in priority order, transportation service for
medical, employment, senior services, and social services. At this time, it is not anticipated that any
change in the scope of services by NETS will occur. The Urban Transit District Board has hired a
consultant to assist them with running the program and to develop specifications as they are required to
re -bid transportation services in May, and additional information may be available at that time. The
Board also mentioned that the group is open to other cities joining. Southlake was a former participant
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
For City Council meeting May 6, 2003
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in NETS but discontinued the program due to the proportional annual costs to participate in
comparison with a lack of rider -ship.
Staff is requesting input from City Council to determine the best course of action to pursue. If you
have any questions or comments, contact Malcolm Jackson.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
For City Council meeting May 6, 2003
Page 11 of 13
OTHER ITEMS OF INTEREST
Diana Smith has been offered new administrative secretary position with the City Manager's Office.
Recall that I mentioned to you in my February 20 CM Notes that I was reorganizing the City
Manager's Office in order to promote greater efficiency and enhanced customer service in our office.
For the past two months, Kim and I have been interviewing applicants both within the organization and
outside the organization and have agreed that Diana would be the best fit for the office. As you may
know, Diana has been the Administrative Secretary in Public Works Operations for the past three
years. We believe she has demonstrated excellent customer service and has achieved a great
understanding of the type of service we want to provide to residents of Southlake as well as support to
other staff members within the organization. As I discussed, Kim will be the Executive Secretary /
Office Manager and will act as the front -line supervisor in charge of day -to -day office operations
including some of the duties of our former public information officer. I believe this reorganization will
greatly enhance CMO customer service and promote efficient utilization of resources and monetary
savings. Please join me in welcoming Diana. She is scheduled to begin May 19. If you have any
questions, contact me.
Public Art Statute Foundations. Two pieces of public art have recently been approved by the Park
Board, the Public Art Advisory Committee, and City Council for placement in Liberty Garden in
Bicentennial Park. To coincide with the festivities for Art in the Square held April 25 — 27, these two
statues are receiving temporary placement in Rustin Park in front of Town Hall in Town Square.
Recognizing time was of the essence and only very limited funds existed, park staff sought quotes for
their temporary installation on concrete foundations. With quotes of approximately $ 1,700 and the
possibility of work not being completed on time, staff instead chose to purchase only the materials and
to provide the construction, delivery, and installation in- house, resulting in an out -of- pocket expense of
less than $100. The statues will remain in Rustin Park until they are permanently placed in the Liberty
Garden. If you have any questions, contact Malcolm Jackson.
Landscape Administrator achieves "Certified Forester." On April 24, 2003 Keith Martin, landscape
administrator for the City of Southlake, received notification from the Society of American Foresters
that he was approved to be a "Certified Forester." The certification is a national, voluntary, non-
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
For City Council meeting May 6, 2003
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governmental program to credential foresters. Certification is an individual designation and there are
only approximately 3,000 certified foresters nationwide (60 per state).
Recertification occurs every three years and requires completion of 60 hours of continuing education.
A significant component of the certified forester program is the personal, on -going commitment to
maintain high standards of professional performance. The certified forester designation can be used
after your name and means you hold a distinguished position within the forestry profession. It signifies
your professional education and experience and support for standards of professional practice and
continuing education. Congratulations to Keith on this achievement! If you have any questions,
contact Malcolm Jackson.
North Texas Clean Air Coalition (NTCAC) Grant. The Community Services Department is pleased to
announce another successful grant award, this time from the NTCAC. The NTCAC is a non - profit
organization consisting of membership from the governing bodies of the Fort Worth Chamber of
Commerce, the Greater Dallas Chamber of Commerce, the North Central Texas Council of
Governments, and the North Texas Commission. The NTCAC has awarded the City of Southlake
$2,000 to produce an educational display promoting the air- filtering properties of trees and their proper
placement and care. Staff will work very closely with Landscape Administrator Keith Martin and
members of the community to provide the content for the exhibit, which will then be set up in schools,
libraries and relevant seminars around the area. Anyone interested in assisting with the project can
contact Senior Park Planner Chris Carpenter at 817 - 481 -1585.
Homeland Security. In response to rising acts of terrorism in the United States, the Office of
Homeland Security adopted five threat conditions to warn Americans about the threat level for a
terrorist attack. Recently, city employees have expressed concern about actions they should take in our
community when a threat level is issued or elevated. Working with the directors of each department,
the Department of Public Safety developed a local Threat Preparedness Plan to provide a framework of
actions to initiate when an event occurs that affects the City of Southlake. On May 20, 2003, Director
Black will provide a short presentation of the plan. If you have any questions, contact Rick Black.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
For City Council meeting May 6, 2003
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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
Payne, Bruce, Planning Director, 481 -2036
Yelverton, Shana, Assistant City Manager, 481 -1429