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Item 4BCity of Southlake, Texas MEMORANDUM January 31, 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 February 4, 2003 Agenda Item No. 5A. Approval of the minutes of the City Council regular meeting held on January 21, 2003 The minutes are provided with your packet. If you have any questions or corrections, contact Lori Farwell. Agenda Item No. 5B. Approval of Resolution No. 03 -016, Authorizing the Mayor to execute a quitclaim deed for a water line easement in Tract 3 of the W.E. Mayfield Addition now located in Gateway Plaza, Phase IL In January, 1966, the owner of Tract 3 of the W.E. Mayfield Addition dedicated a 10 -foot wide easement for the installation and maintenance of a water line with the centerline of the easement being the pipe line as installed. That water line is no longer in existence since the re- development of this property as Gateway Plaza II and there is no need for this easement since the developer has installed new water lines in other easements to serve the property. The owner and developer of the Big Bowl Restaurant located the northeast corner of FM 1709 and N. Nolen Drive in Gateway Plaza II has made a written request to the City to abandon this old easement so that the title will be clear and they can proceed with the development of the property. If you have any questions, contact Pedram Farahnak. Agenda Item No. 5C. Approval of Resolution No. 03 -017, Authorizing the Mayor to execute a quitclaim deed for a water line easement in Lot 1, Block 1, Sabre Group Campus On January 18, 1999, the final plat was approved for Sabre Group Campus. At that time, a 12 -inch public water line crossed the property. The construction plans included the relocation of a portion of that 12 -inch water line to accommodate the construction of buildings. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 2 of 21 The construction of the new 12 -inch water line is complete and has been accepted by the City. Sabre is now requesting that the City abandon that portion of the water line easement that is no longer needed by the City. The City Engineer has reviewed this request and has determined that this section of water line easement is no longer needed. If you have any questions, contact Pedram Farahnak. Agenda Item No. 5D. Authorize the Mayor to execute an amendment to the April 30, 1996 lease agreement with Verizon Wireless for the placement of an antenna system on the Bicentennial Water Tower Verizon has agreed to amend the April 30, 1996 lease for antennas on the Bicentennial water tower. Three major changes are proposed: the lease rate would change from $12,696 to $22,000 per year; the City would agree to extend the contract term for 25 years; and a 5% annual increase in rent would be added to the agreement. To ensure Southlake is collecting competitive lease payments, staff conducted a rate study and found the average annual rate for wireless communication antenna leases to be $19,302. The results of the study are provided in this packet. If the annual rate is raised from $12,696 to $22,000 and the rent is increased 5% annually, the additional revenue over the next five years will be $54,275.89. If you have any questions, contact Pedram Farahnak Agenda Item No. 5E. Authorize the Mayor to execute an amendment to the July 18, 1996 lease agreement with Verizon Wireless for the placement of a wireless communication antenna system on the Florence water Tower Verizon has agreed to amend the July 18, 1996 lease for antennas on the Florence water tower. Three major changes are proposed: the lease rate would change from $12,696 to $22,000 per year; the City would agree to extend the contract term for 25 years; and a 5% annual increase in rent would be added to the agreement. To ensure Southlake is collecting competitive lease payments, staff conducted a rate study and found the average annual rate for wireless communication antenna leases to be $19,302. The results of the study are provided in this packet. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 3 of 21 If the annual rate is raised from $12,696 to $22,000 and the rent is increased 5% annually, the additional revenue over the next five years will be $54,275.89. If you have any questions, contact Pedram Farahnak Agenda Item No. 5F. Authorize the Mayor to execute a developer's agreement for Lot 1, Block 1, Pecan Creek The final plat for Pecan Creek, Lot 1, Block 1, was approved on January 9, 2003. This agreement covers the construction of 598 feet of water line and 792 feet of sanitary sewer lines. There are no requests for credits, waivers or variances to the standard developer's agreement. The developer will pay a park fee in the amount of $1,395. If you have any questions, contact Pedram Farahnak. Agenda Item No. 5G. ZA02 -108_ Plat Revision For Lots 3R & 4R_ Block 1_ Southview Phase L The property is located at 505 and 1000 Southbend Trail, being approximately 1.21 acres. The purpose of this plat is to relocate the common property line between the lots to address a driveway pavement encroachment and to abandon a utility easement located along the existing lot line. There are no utilities within the easement and no unresolved issues with this request. The Planning and Zoning Commission recommended approval (7 -0) subject to review on January 23, 2003. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough Agenda Item No. 5H. Authorize the Mayor to execute an addendum to the developer's agreement for Town Square, Phase I and Phase IL As you know the auditor's report of the developer's agreement is complete, and the developer has offered to accept $3,925,000 as full reimbursement for Phase 1 and Phase 2. This agenda item was included on the agenda to finalize the developer's agreement reimbursement terms. The reimbursement to Cooper & Stebbins will be included with the bond sale scheduled for early spring. The city attorney has drafted an addendum to the Developer's Agreement detailing the terms of payment. If you have any questions on this item, please contact Sharen Elam. Agenda Items No. 5I. Resolution No. 03- 013,(ZA02 -119) Specific Use Permit for Special Events to allow a concert associated with Art in the Sauare_ 5J. Resolution No. 03 -014_ (ZA02 -120) Specific Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 4 of 21 Use Permit for the sale of alcoholic beverages during the special events concert associated with the events of Art in the Square, and 5K. Resolution No. 03- 015,(ZA02 -121) Specific Use Permit for the sale of a of alcoholic beverages associated with the events of Art in the Square. The applicant has requested to table these items until the next Council meeting to be held February 18, 2003, to allow time for processing of a mass gathering permit. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 5L. Ordinance No. 839, 2nd Reading, Changing street names of Oaklane North and Oaklane South to Pin Oak Circle. TABLED TO THE FEBRUARY 18, 2003 CITY COUNCIL XAFFTING Agenda Item No. 7A. Discuss Ethics Complaint This item has been included on your agenda at the request of Councilmember Morris. Please note the following excerpt from the Code of Ethics and Conduct Policy, Section 5, "Enforcement." A. The City Council shall have the primary responsibility for the enforcement of this code. The City Council may direct the city attorney to investigate or prosecute any apparent violation of the code or it may employ or appoint any qualified attorney to investigate or prosecute any violation or series of violations of this code by one or more persons. At the direction of the City Council, the city attorney shall have the power to investigate any complaint, to initiate any suit, and to prosecute any action on behalf of the city where such action is appropriate. B. Any person who believes that a violation of any portion of the code has occurred may file a complaint with the City Council who may then proceed as provided in paragraph A above. However, nothing in this code shall be construed to prevent complainants form instituting direct legal action through the appropriate judicial authority. If you have any questions, please feel free to contact her. Agenda Item No. 7B. Ordinance No. 842, 2nd Reading, finding, after reasonable notice and hearing, that TXU Gas distribution's rates and charges within the city should be changed, determining, just and Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 5 of 21 reasonable rates; adopting general service rates including rate adjustment provisions and miscellaneous service charges to be charged for sales and transportation of natural gas to residential, commercial and industrial customers, providing for recovery of rate case expenses; preserving re ug latory rights of the city; providing for or repeal of conflicting ordinance' providing for an effective date On March 1, 2002, TXU Gas Distribution Company filed a Statement of Intent with 111 cities to increase the rates charged for natural gas service with an effective date of April 5, 2002. On April 1, 2002, City Council approved Resolution No. 02 -023 to suspend the effective date of the proposed new rates for 90 days to evaluate the reasonableness of existing rates and the merits of TXU' S proposed changes. Southlake participated with other municipalities (51 cities) in a comprehensive review of TXU Gas Distribution's application. The consultants and counsel retained by the coalition of cities recommended denial of the Company's application based upon a report from consultants demonstrating that the revenue requirement of the North Texas Metroplex Distribution System is being met under current rates. Also, the Gas Utilities Regulatory Act provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility. On June 18, 2002, Council approved Resolution 02 -042 to formally deny TXU's application for a rate increase and requested prompt reimbursement of all rate case expenses. Ordinance No. 842 represents the settlement terms and conditions for resolution of TXU Distribution Gas Rate Case (GUD No. 9313). The consultants and counsel retained by the coalition of cities recommended for all cities to approve the Agreement in Principle (Ordinance No. 842). The understanding with TXU is that it is "all or nothing," and thus, there is no risk that a city can potentially hold out for a better deal. A schedule providing percentage changes in rates for each class of customers in each of the 51 cities is included with your packet. The new rates are effective on bills rendered after February 1, 2003. Sharen Elam's memo outlines the benefits of the Agreement in Principle reached with TXU to settle the rate case. Please contact Sharen Elam with any questions related to this agenda item. Agenda Item No. 7C. Ordinance No. 480 -224a, 2" d Reading (ZA02 -042) Zoning Change and Conceit Plan for Southlake Town Square. The property is located on the south side of State Highway 114, north side of East Southlake Boulevard (FM 1709) and east side of North Carroll Avenue. The proposed Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 6 of 21 "brownstones" will be east of Central Avenue and off of both sides of Main Street. The Brownstones will be adjacent to the Village Center development. The purpose of this request is to amend the current NR -PUD zoning to allow single - family attached dwellings and full- service hotels as permitted uses and revise development regulations. The Planning and Zoning Commission recommended approval (5 -2) (Boren, Standley) on May 23, 2002, subject to review, specifically amending Exhibit A, l.a., Permitted Uses: restricting "hotels" to "full service hotels" and providing a definition and deleting bed and breakfast lodging reference; Further, Exhibit A, 2.a., Height for Non - Residential Buildings: adding height restrictions that would allow buildings up to 90' in height north of Division Street only; and, Exhibit A, 2.f., Floor Area: increased to 2,000 sq. ft. minimum. The City Council approved first reading (4 -1), (Morris) on November 19, 2002, subject to Concept Plan Review Summary No. 3, dated May 31, 2002, further stipulating there be no more than 85 single family residential units. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 7D. ZA02 -043, Development Plan for Southlake Town Square, Phase IV. This is the development plan for the Town Square phase containing the residential brownstones. The plan proposes 97 residential lots (Type 1), 4 non - residential lots (Type 2), U optional lots (Type 4), allowing residential, non- residential or mixed use (live work unit) and three common area /open space lots. The non - residential lots are located at the block ends along Central Avenue; the optional lots are located adjacent to the non - residential lots and at the far north and south block ends. The lot types are labeled on the plan included in your packet. The original plan submitted proposed four optional lots (residential or non - residential), 113 residential lots and three common area lots. The Planning and Zoning Commission recommended approval (6 -0 -1) ( Standley) subject to Development Plan Review Summary No. 2, dated May 17, 2002, on May 23, 2002. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 7 of 21 If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 7E. ZA 02 -044, Preliminary Plat for Southlake Town Square, Phase IV. This is the preliminary plat containing the residential brownstones. It also includes the six acre park, shown as Block 22 and a 5.5 acre block fronting SH 114, shown as Block 19. No immediate plans for development of Block 19 are proposed. It has been included to address the changes in its boundary due to the brownstone proposal. The Planning and Zoning Commission recommended approval (6 -0 -1) (Standley) subject to Preliminary Plat Review Summary No. 2, dated May 17, 2002, on May 23, 2002. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Agenda Item No. 7F. Resolution No. 03 -008, Amendment to the currently adopted Land Use Plan creating a new land use category to be known as "Town Center" to be generally located in an area bounded by State Highway 114, North Kimball Avenue, East Southlake Boulevard (FM 1709) and North Carroll Avenue This amendment is proposed to support the creation of the Downtown District and designate the geographical areas considered appropriate for that type of land use and development. The proposal amends the text of the Land Use Plan by adding language supporting development of a town center and a description of the new designation. The proposal also revises the map placing the "TC" designation in the general area bounded by State Highway 114, North Carroll Avenue, East Southlake Boulevard and the east boundary of Southlake Town Square, specifically the area currently designated as mixed use. This area includes all land currently under control by the developers of Town Square and the East DPS facility on N. Carroll Avenue. The Planning and Zoning Commission recommended approval (6 -0) on January 9, 2003. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 8 of 21 Agenda Item No. 7G. Ordinance No. 480 -SS, 2 nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of a `Downtown' Zoning District Southlake Town Square has become recognized as a unique development due to its qualities as a true small town downtown. At the time of its inception, the City's Non - Residential Planned Unit Development standards (NR -PUD) were used as a base to tailor regulations to create this mixed -use development. Of late, valid concerns have been raised about the applicability of blanket NR -PUD regulations to Town Square. In particular, questions about the appropriateness of the Town Square land use mix elsewhere in the City are being raised. In addressing the above concerns and in recognizing the unique nature of Town Square, the Planning Department, under Council direction, is proposing the creation of a Downtown Zoning District. This district will specifically apply to the City's Downtown as identified by the community, thus ensuring its long -term viability and distinction as the center of the community. The City Council approved first reading (6 -1) (Morris) on consent, December 17, 2002. The material in your packet contains the revised "DT" uses and regulations following the work session held on January 6, 2003 and discussions with the property owners. If you have any questions regarding this item, please contact Bruce Payne or Jay Narayana. Agenda Item No. 7H. Resolution No. 03 -011, Approving Downtown District Design Guidelines as it pertains to development in the Downtown Zoning District At the first reading of Ordinance 480 -SS at City Council on December 17, 2002, several concerns were raised about the elimination of the applicability of the Overlay District standards on all development in the Downtown District. The concerns stemmed from the lack of any specific design standards that reflected the character of existing development. In order to address the above concerns, staff is proposing a set of downtown district design guidelines based on the existing patterns of development. The guidelines are not intended to be regulatory but are intended to assist the decision making authorities in determining the extent to which proposed development meets the goals of the downtown district. The proposed guidelines are not intended to be static, but amended over time to better address future development and market trends. The guidelines shall be adopted by City Council in conjunction with the Downtown Zoning District. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 9 of 21 The Planning and Zoning Commission recommended approval (6 -0) on January 9, 2003. If you have any questions regarding this item, please contact Bruce Payne or Jay Narayana Agenda Item No. 7I. Ordinance No. 480 -410, 2 nd Reading (ZA02 -104) Zoning and Concept Plan for Southlake Town Square. This is a City- initiated zoning change request to place the DT Downtown District zoning classification on the Southlake Town Square site. This request is limited to the current N -RPUD boundary of Town Square. The purpose of this request is to promote and retain the unique nature of Town Square as the community's downtown. The City Council approved first reading (6 -1) (Morris) on consent, December 17, 2002. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough Agenda Item No. 7J. Ordinance No. 480 -231a, 2 " Reading (ZA02 -094) Zoning Change and Revised Site Plan for Meadow Brook Medical Air Services. The property is located at 1250 West Southlake Blvd. directly east of the Southridge Lakes Amenity Center. The purpose of this request is to receive approval of a revised zoning and site plan to allow for construction of a 1,800 -sq.ft. records storage building to be located in the far rear portion of the property. The change of zoning and plan retains all uses, regulations and conditions of the original S -P -1 zoning with the exception of allowing the records storage building and a 25' building setback from the north property line. The residential adjacency regulations require a minimum 40' setback for the proposed building. The Planning and Zoning Commission recommended approval (6 -0) subject to review, specifically granting variance requests for 74% impervious coverage and 25' rear setback; limiting storage material to paper records; and requiring additional landscape screening on the north side of the building. Two property owners adjacent to the north property line were present at the P & Z meeting. Their primary concerns were visibility of the new structure and the type of materials permitted to be stored. It appeared that these concerns were addressed by the P &Z's conditions of approval. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 10 of 21 The applicant had initially requested a maximum impervious coverage of 74 %, where the Zoning Ordinance allows a maximum of 65 %. Following the P & Z's action on this item, it was discovered that the applicant's calculations on impervious coverage were incorrect. The site is in compliance with the maximum 65% permitted. The impervious coverage as proposed is approximately 61 %. The request to allow a maximum of 74% has been withdrawn. The City Council approved the first reading on consent (6 -0) on January 21, 2003. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough Agenda Item No. 7K. Ordinance No. 480 -416, 2 nd Reading (ZA02 -115) Zoning Change for property located at 811 South White Chapel Boulevard. The purpose of this request is to change the zoning from RE Residential Estate District to SF-IA Single Family Residential District. The lot currently does not comply with the lot size and lot width requirements of the RE zoning district. The applicant would also like the benefit of the 20' Side Yard /Building Setback of the SF-IA district to allow placement of a garage rather than the 25' Side Yard /Building Setback of the RE district. The residential construction can proceed with the current RE zoning in place as permitted under the "Size Nonconformity of Lots of Record" provisions of the Zoning Ordinance. There were a few adjacent property owners present at the meeting that had concerns about drainage and earthwork that had taken place on the property. The property owner had moved in a large amount of fill onto the property to level the building pad and had not submitted a revised grading plan or installed the proper erosion control devices. A stop work order was issued. Since that time, the erosion control devices have been installed and the "stop work order" has been lifted following the approval of the revised grading and drainage plan. Although drainage can be a concern with any development of property, the drainage issues do not have any significance on the requested zoning change. Staff will insure compliance with city building regulations. It is staffs' understanding that following the Commission's action on this item, the applicant met with the adjacent property owners and resolved their concerns. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 11 of 21 The Planning and Zoning Commission recommended approval (6 -0) on January 9, 2003. The City Council approved the first reading on consent (6 -0) on January 21, 2003. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough Agenda Item No. 7L. Resolution No. 03 -012, (ZA02- 117 )Specific Use Permit for Churches, Synagogues, and other similar facilities for worship, fellowship, and education on property located at 525 Nolen Drive, Suite 300 for Southlake Harbor Church. The property is located at 525 Nolen Drive, Suite 300. The purpose of this request is to receive approval of a Specific Use Permit to allow Southlake Harbor Church to occupy a portion of a building located in Cornerstone Business Park. The maximum seating in the main sanctuary will be for 203 persons. The site will meet the off - street parking (69 spaces) by using 100% of the parking allocated by the adjoining tenants on the site. The facility will be used for Sunday morning and evening services. All activities will be performed during off -hours of the adjacent tenants and will not conflict with the parking requirements for the adjacent users. A reciprocal parking agreement must be executed and filed in the County by the property owner allocating the use of all the parking spaces on the site for the church during their services. The Planning and Zoning Commission recommended approval (7 -0), permit not to exceed five (5) years. If you have any questions regarding this item, please contact Bruce Payne or Dennis Killough Agenda Item No. 8A. Ordinance No. 843, 1 Reading, consider declaring a one hundred twenty (120) day moratorium on solicitation or selling of merchandise by any individual, institution, or r�oup organized for political, religious, charitable or profitable purposes on the streets, street right -of -ways, or medians within the City of Southlake Recently, people have been standing at roadway intersections seeking donations for charities. Although current ordinance does not comprehensively address this activity, the Director of Public Safety has received reports from the public and from police officers that give concern towards safety issues. People seeking the donations have been viewed walking in public roadways where traffic is moving and, in some cases, obstructing the flow of traffic. The Director of Public Safety and Director of Planning have developed an ordinance which implements a one - hundred and twenty day (120) moratorium on all solicitation activities on public streets, street right -of -ways, medians or other areas of vehicular passage to: 1) ensure the physical safety of those who solicit; 2) Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 12 of 21 ensure unimpeded traffic flow on public streets, and 3) provide the Departments of Public Safety and Planning the opportunity to determine appropriate and safe locations in the city in which solicitation activities may take place and revise the city's solicitation ordinance. If you have any questions, please contact Rick Black. OTHER ITEMS OF INTEREST 1. FY2002 -03 to FY2006 -07 Capital Improvements Program This information is being provided in advance in order to provide you with an opportunity to review prior to considering at your next meeting. In accordance with the Texas Local Government Code and the Charter of the City of Southlake, the proposed Fiscal Year (FY) 2002 -03 to FY 2006 -07 Capital Improvements Program (CIP) is submitted for City Council consideration. The CIP establishes a five (5) year funding schedule for the purchase, construction or replacement of physical assets of the City. Capital improvements typically have a useful life of over ten (10) years and value greater than $10,000. The first year (FY 2002 -03) of the Capital Improvements Program is called the Capital Budget, and is appropriated in the same manner as the annual operating budget. Funds for projects are appropriated on an annual basis. Projects approved for subsequent years (FY 2003 -04 through FY 2006 -07) are approved for planning purposes only and do not receive expenditure authority until they are part of the Capital Budget. The proposed CIP was developed by the staff technical committee. The technical committee has recommended that thirty -one (3 1) projects totaling $21,239,698 be funded next fiscal year (FY 2002 -03) and that forty -six (46) projects totaling $60,880,698 be funded over the next five years (FY 2002 -03) through (FY 2006- 07). Thirty -one (31) submitted CIP project requests totaling $57,650,000 are not recommended to be funded over the next five (5) fiscal years (FY 2002 -03 to FY 2006 -07). The table below summarizes the CIP funding request amounts (Table A). Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 13 of 21 TABLE A YEAR # OF PROJECTS $ AMOUNT FY 2002 -03* 31 $21,239,698 FY 2002 -03 TO FY 2006 -07 47 $60,880,698 BEYOND FY 2007 31 $57,650,000 * Includes residual funds from previously approved CIP projects. The following table is a breakdown of FY 2002 -03 and FY 2002 -03 to FY 2006 -07 expenditures by fund category (TABLE B) . TABLE B FUND TYPE FY 2002 -03 FY 2002 -03 to FY 2006 -07 GENERAL FUND $7,903,000 $19,665,000 UTILITY FUND $4,516,000* $15,689,000 SEWER IMPACT FEE FUND $236,000 $436,000 WATER IMPACT FEE FUND $150,000 $350,000 TIF FUND $3,925,000 $3,925,000 CRIME CONTROL FUND $1,300,000 15,046,000 SPDC FUND $3,209,698 5,769,698 TOTAL 21,239,698 60,880,698 * Includes residual funds from previously approved CIP projects. The proposed FY 2002 -03 to FY 2006 -07 CIP was initially presented to City Council at its December 3, 2002 meeting. At that meeting, three (3) primary issues were discussed. A summary of these issues are as follows: • The basis for staff including several projects for funding in the CIP that already had been initiated or had been completed. These were the following Public Works projects: a) Storm Water Phase II- Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 14 of 21 Drainage Master Plan; b) Johnson Road Sewer; c) Pavement Management System; and d) the Traffic Signal at FM 1709 /S.Nolen Drive. • 2) The possibility of cost savings realized if the S. Kimball Avenue ultimate road construction from Heritage Business Park to FM 1709 (including the S. Kimball Avenue S -7 sewer line) was constructed under a one single contract versus completing this project in phases over a six year time period as being proposed. • 3) The need to fund the Union Church/Pearson Roads reconstruction and drainage project in this fiscal year due to the current road conditions and persistent drainage concerns. Staff's response to the issues discussed at the December 3, 2002 meeting are as follows: Issue #I- Projects that had initiated construction or were completed but were still listed for CIP funding. Storm Water Phase II- Drainage Master Plan This project was approved by City Council for CIP funding in FY 2001 -2002. This is a federally mandated project with a deadline of March 10, 2003. Lack of compliance would have exposed the City to regulatory fines of $10,000 - $25,000 per day. As a result, if staff had not begun this project, it was very likely that the March 10, 2003 federal deadline would have not been met. The City Council, during both the 2001 and 2002 Council Retreats directed staff to complete the project on time. The fund amount indicated in the CIP in FY 2002 -03 ($527,000) is the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 15 of 21 amount needed to complete the project and includes prior spending of $120,000. The $120,000 was moved from the "Miscellaneous Drainage Fund" project which was approved in FY 2000- O1. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 16 of 21 Johnson Road Sewer The Johnson Road rehabilitation project was approved in FY 1999 -2000 and did not include the sewer line. In late 2001, a large number of property owners living along Johnson Road appeared before the City Council and requested that the extension of sewer service be included within the scope of the Johnson Road rehabilitation road project. Council agreed and directed the staff to include sewer service as a part of the project. Due to limit right -of -way and a number of large trees along Johnson Road, the sewer had to be placed under the roadway. Therefore, it was necessary to construct the sewer line prior to road construction. In order to fund the sewer line (additional $230,000), a CIP project request was approved by City Council last year anticipating available funding due to bond sales. As a result of the economy, bonds were not issued and money was not available to cover the cost of the sewer. However, the road project including the sewer line was started. The dollar amount indicated in the CIP dated December 3, 2002 ($230,000) was the amount needed to pay for the sewer line only (road construction was funded in an earlier approved CIP (FY2000 -01). Since the December 3, 2002 City Council meeting, a review of the Utility Fund by staff has indicated that there are residual funds available to pay for the sewer project. As a result, the Johnson Road sewer project is indicated in the residual fund column in the "Utility Fund" and "Water and Sewer Projects" sections. Traffic Signal at FM 1709 and S. Nolen Drive This project was approved by the City Council for CIP funding in FY 2001 -2002. South Nolen Drive was completed in late 2001 and was ready for acceptance by the City. However, a traffic warrant study conducted in late 2001 indicated that the Nolen Drive /FM 1709 intersection would be dangerous if a traffic signal was not installed. Anticipating available project funding due to a bond issuance, City Council directed staff to complete the project to ensure the safety of the public. Due to the state of the economy there were no bonds issued in FY 2001 -2002 and funds earmarked for the Dove Creek Drainage improvements had to be used to pay for the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 17 of 21 traffic signal. The traffic signal project was initially placed into the CIP dated December 3, 2002 to replace the Dove Creek Drainage funds. After the December 3, 2002 CIP discussion, staff determine that there were positive balances on previously completed CIP projects. These funds can be used to pay for the traffic signal. As such, this project has been removed from the revised CIP dated February 4, 2003. Pavement Management System This project was approved by the City Council for CIP funding in FY 2001 -2002. Due to the increasing deterioration of City streets and the financial savings that would be realized through implementing the Pavement Management System program, the City Council, during its June 2001 retreat, directed staff to complete this project. Staff started the project with the anticipation that bonds would be issued to fund the project. When no bonds were issued in FY 2001 -2002, the Pavement Slurry Seal project implementation had to be delayed in order to fund the start this project. The project was initially placed into the CIP dated December 3, 2002 to replace those slurry seal funds. After the December 3, 2002 CIP discussion, staff determined that there were positive balances on previously completed CIP projects. These funds can be used to pay for the Pavement Management System project. As such, this project has been removed from the revised CIP dated February 4, 2003. Issue #2- S. Kimball Avenue (Ultimate Project) At the December 3, 2002 meeting, City Council directed that staff to determine if a cost savings would be realized by consolidating the S. Kimball Avenue from FM 1709 to Heritage Business Park, including the installation of the Kimball /S -7 sewer line from 1200' south of Crooked Lane to 1400' north of Crooked Lane into one construction project. Council noted that if a cost savings was indeed realized, staff should revise the CIP to indicate the funding of the ultimate Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 18 of 21 South Kimball Avenue road construction project (including the S -7 sewer line) in the upcoming Capital Budget Year (FY 2002 -03) On December 12, 2002, the Public Works Department completed a cost estimate for the ultimate S. Kimball Avenue project. The cost estimate indicated that as much as a 10% cost savings would be realized if the S. Kimball project was completed under one contract. As a result of the potential cost savings, the City staff revised the proposed CIP to indicate the funding of the ultimate South Kimball Avenue road construction project (General Fund), including the S -7 sewer line (Utility Fund) in the upcoming fiscal year. Issue #3- Union Church /Pearson Roads and Drainage Rehabilitation City Council discussed the immediate need to fund the Union Church/Pearson roads and drainage rehabilitation project due to the poor condition of these roads and the persistent drainage problems. Staff initially believed that the funding of both the ultimate S. Kimball Avenue project and this project in FY 2002 -03 could not be achieved due to fiscal constraints. However, since the December 3, 2002 meeting, the Public Works Department has been involved in conversations with Tarrant County about performing the construction work on Union Church/Pearson Roads, including all the drainage construction at no cost to the City. Tarrant County has agreed to consider the construction project if the City of Southlake provides all necessary materials. As such, funding for this project has remained in FY 2002 -03 (materials only). The City will need to enter into an interlocal agreement with the County prior to construction. By allowing the County to conduct the construction work, the City will save approximately $1.0 million. The proposed CIP was amended as a result of the issues discussed at the City Council's December 3, 2002 meeting. If you have any questions concerning this matter, contact Bruce Payne. 2. Industrial Boulevard in the City of Grapevine I received information from the City of Grapevine this week that they are planning to permanently close a portion of Industrial Blvd. on February 4, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 19 of 21 2003 to accommodate the construction of the new Wal -Mart and Sam's Club along SH 114 frontage road and SH 26. The portion to be closed is the section where the Industrial Blvd. alignment goes from a north/south direction to an east /west direction. The north/south section of Industrial Blvd. will dead end into the new Wal -Mart parking lot. (see map attached) The major traffic impact to the City of Southlake appears to be that with the closing of this portion of Industrial Blvd., traffic will not be able to go from the area of the IHOP, Red Lobster, Kirbys, etc. down Industrial Blvd. to Commerce Drive and back up to the traffic light at FM 1709 and Commerce. The traffic will be able to access SH 26 from the north/south portion of Industrial Blvd. through Wal -Mart. It has nothing to do with the closing of Industrial Blvd, but Sam's Club will have a driveway off the SH 114 frontage road and it is anticipated that the westbound traffic on the Wall Street Bridge turning left onto the SH 114 frontage road will increase greatly with the opening of Sam's Club and Wal -Mart in Grapevine. If you have any questions, contact Pedram Farahnak. 3. Agreement with Dunkin, Sims, Stoffels, Inc. for Bob Jones Softball Complex Design. In preparation of the adoption of upcoming SPDC Capital Improvements Program budget, staff has completed the consultant review and selection process and will be recommending the firm of Dunkin, Sims, Stoffels, Inc. for the design and construction drawings of the Bob Jones Park Softball Complex. Staff reviewed and scored portfolios and letters of interest from four firms, evaluating them in ten different categories with the top two firms being invited for personal interviews. During the interviews, Dunkin, Sims, Stoffels, Inc. demonstrated good presentation and communication skills, a strong desire to work with the City, and an indication that they were capable of meeting the time frames established for the project. Dunkin, Sims, Stoffels, Inc. is a well known firm in the Dallas /Fort Worth area and their work focuses primarily on the design of parks and recreational facilities. A reference check with area cities (Desoto, The Colony, and McKinney) resulted in glowing recommendations and a high satisfaction rate. Staff is currently in the process of negotiating a contract with Dunkin, Sims, Stoffels, Inc. and anticipates bringing this item to Council for consideration at the February 18 meeting, contingent upon the adoption of the CIP budget. If you have any comments or questions, please contact Malcolm Jackson. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 20 of 21 4. Community Service Coordinator Joanne Leek will attend "Senior Day at the Capitol in Austin, February 3 -4. This year's theme, "Seniors: The Heart of Texas," will focus on seniors' past and present contributions to the state, as well as those yet to come. Ms. Leek and 18 area senior citizens will participate in the annual two day event, which will include a rally on the Capitol's front steps, visits with elected officials and leaders in the fields of aging issues and services, and a tour of the Bob Bullock Museum. Office assistant Erin Riggall and volunteers, Linda Braun and Marge Kyle, will handle regular senior center activities at the Senior Center during Ms. Leek's absence. If you have any questions, please contact Malcolm Jackson. UN Staff Extension Numbers: 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, Director of Human Resources, 481 -1527 Jackson, Malcolm, Interim Director of Community Services, 481 -1527 Killough, Dennis, Senior Planner, 481 -2073 Last, Greg, Director of Economic Development, 481 -1671 Narayana, Jay, Senior Planner, 481 -2043 Payne, Bruce, Planning Director, 481 -2036 Polasek, Steve, Deputy Director of Community Services, 481 -1543 Yelverton, Shana, Assistant City Manager, 481 -1429 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest For City Council Meeting Feb. 4, 2003 Page 21 of 21 Industrial Blvd. Closing StN -- lop ��I �^. CIDMT+71�.��E • , � '• ����IIIY . FAF, usiN� s R4C - to be nal Blvd. to 6e perrrEanerony Closed 2-4-03 T'HLEi`IC FACILUTY A z • pf