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Item 4BCity of Southlake, Texas M E M O R A N D U M October 1, 2003 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager Agenda Item Comments and Other Items of Interest for City Council Meeting SUBJECT: October 7, 2003 4D. Library Board Report. At the September meeting the Board discussed City Council reports, and expressed a desire to continue providing written reports to the City Council in lieu of having members attend the meeting. A copy of the report will be provided to all board members in advance for their review and input, and a copy will be included in your packets. Please contact John Eaglen with questions or comments regarding this agenda item. 4E. Southlake 2025 Committee Report. Included in your packet is a written report submitted by the steering committee members. 4F. SPIN Report. There are some upcoming items of interest, but this month these events will be covered in other reports provided. Therefore, a short summary of the September meeting and a listing of upcoming events are included for your review. Please contact John Eaglen with questions or comments regarding this agenda item. 5A. Approve minutes for the September 16, 2003, City Council meeting. The minutes are included in your packet. Contact Lori Farwell if you have any questions or changes. 5B. Authorize the City Manager to execute a right of way encroachment agreement for subdivision entrance sign at Clariden Ranch I and III. City Council approved a variance to the sign ordinance for a subdivision entrance sign for Clariden Ranch. An entrance sign with stone columns and a ranch style overhead sign was constructed on King Ranch Road at N. White Chapel Blvd, identifying Clariden Ranch. Clariden Ranch III has another street access to N. White Chapel Boulevard called Clariden Ranch Road. The developer wants to construct a subdivision entrance sign in the right-of-way Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 7, 2003 Page 2 of 8 of Clariden Ranch Road at N. White Chapel Boulevard similar to the one constructed at King Ranch Road. The construction of this sign in the right-of-way will require an encroachment agreement approved by the City Council. The developer has provided the City with a certificate of insurance as required in the agreement. Contact Pedram Farahnak if you have any questions. 5C. Authorize the Mayor to execute a contract for sale regarding the sale of approximately 2.232 acres of city-owned property at the northeast corner of FM 1709 and Pearson Lane. Council has authorized staff and the attorney’s office to proceed with the development of a contract for sale of the 2.232 acre property at the northeast corner of FM 1709 and Pearson Lane. This agenda item authorizes the Mayor to execute this contract. An overview of contract aspects includes:  The intentions are to have a CVS Pharmacy built on the property. The contract is with Armstrong Properties, Inc. who is the preferred builder for CVS Pharmacy. Upon construction per CVS requirements, CVS will close on the property and be the owner.  Armstrong deposits $10,000 in earnest money within 5 days of their receipt of a signed contract.  Southlake provides to purchaser A title policy, paid for by the purchaser (within 10 days after Title Company o receives copy of contract Survey of the property (within 5 days after effective date of contract) o A Special Warranty Deed at closing o  Purchaser provides to Southlake Agrees to file a “Performance Agreement” against the land (See below) o  A 90 day inspection period (from date of contract) to perform due diligence engineering and feasibility studies. Purchaser may terminate contract and receive earnest money, save and except o $500 to seller Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 7, 2003 Page 3 of 8 Upon completion of the inspection and desire to move forward, purchaser o deposits $5,000 additional earnest money The total $15,000 is deemed non-refundable earnest money with the exception o that it is all refundable, less $500, if purchaser meets the requirements for a permit to be issued but the City does not issue the permits.  A 90 day permit period is allowed after the inspection period to allow purchaser to process all plans necessary to receive a permit to construct the desired facility. If at the end of the permit period the purchaser desires extensions, they shall pay o $2,500 for each of two potential 30-day extensions. The original $15,000 earnest money and the extension deposits are non- o refundable under any circumstances.  A performance agreement will be filed of record on the land to ensure: Construction of a CVS Pharmacy meeting our requirements o Architectural style to be approved by Council o Signage in accordance with sign ordinance o Extension of the brick fence along the north property line o Enhance landscaping on the site. o Contact Greg Last if you have any questions. 5D. Approve an interlocal agreement for funding Teen Court Program between the cities of Southlake, Colleyville, and Grapevine. Since October 1, 1996, Southlake has participated in sponsoring Teen Court in conjunction with the City of Grapevine and the City of Colleyville. The proposed FY2003-04 participation cost for the City of Southlake will be $18,500 which has been included in the recently adopted budget. Contact Sharen Elam if you have any comments or questions regarding this item. 7A. ZA03-067, Revised Site Plan for Bicentennial Park. The Park Board, SPDC and City Council approved the conceptual plans for the Liberty Garden site near the North White Chapel Boulevard entrance to Bicentennial Park. A combination of matching funds, park dedication funds and concession funds were allocated for the construction. Staff has since received a Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 7, 2003 Page 4 of 8 finalized set of construction plans and a revised schematic depicting a true representation of the work. Since the improvements were not part of the originally approved concept and site plan for the park, the CS (community service) zoning district and residential adjacency standards require that a revised site plan be approved before a building permit can be issued for construction. Both the Park Board and the Planning and Zoning Commission have recommended approval of the plan. Contact Malcolm Jackson, Bruce Payne, Dennis Killough or Ken Baker if you have any questions. (Bruce and Dennis will be out of town until Monday.) nd 7B. Ordinance No. 857, 2 Reading, Denying TXU Gas Company’s request to change rates in this municipality, as a part of the company’s Statewide Gas Utility System. On May 23, 2003, TXU Gas Distribution Company filed a Statement of Intent to change gas rates in all municipalities within the TXU Gas Distribution System. On June 3, 2003, the City Council approved Resolution No. 03-037 to formally suspend the effective date of the proposed new rates for the maximum period allowed by law. The resolution also authorized the joining of a coalition of 123 cities. Based on several meetings of the coalition, the steering committee has recommended that all cities deny the rate increase. Included in Sharen’s memo are several findings of fact to justify denial of the new rates. Contact Sharen Elam if you have any questions related to this agenda item. st 8A. Ordinance No. 858, 1 Reading, providing regulations on the use, location and display of primary flags in residential areas. This ordinance has been developed and placed on the agenda at the request of Councilmember Keith Shankland. The purpose is to make it illegal to prevent the display of the American or Texas flags on residential property, provided that the flag does not exceed the limitation of 30 square feet, is displayed no higher than 25 feet above grade (about 2 1/2 stories), and is set back 10 feet from the property line or any easement. Only one flag of each type may be displayed. Contact Councilmember Shankland or myself if you have questions or comments about this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 7, 2003 Page 5 of 8 9A. Resolution No. 03-068, authorizing the City Attorney to acquire land located at 1356 Woodbrook Lane (Block 4, Lot 20 of the Cross Timber Hills Addition), Southlake, Texas by the right of eminent domain for the purpose of construction of the Cross Timber Hills Sanitary Sewer Improvements. As a part of this sewer extension project, acquisition of the above mentioned property, 0.028 acres, was necessary for installation of a sewer main. An offer was made and the property owners at the time, Mr. and Mrs. Castillo, accepted to sell the required easement in exchange for waiver of a $1,300 participation fee. In August of 1999, the property owners had the easement document notarized and then forwarded it to Tarrant County deed records. In January 2002, staff learned that the Castillos had forgotten to sign the document but by this time, the property had sold to Mr. and Mrs. Perry. Staff, in conjunction with the city attorney, made several attempts to have the Perrys execute the easement documents. The Perrys have repeatedly agreed to sign, but, as of this date, they have failed to return the document. For your information, the Perrys have been connected to the City sewer system since April 2002, but have not paid the $1,300 participation or the sewer tap fee of $1,225. . Staff and the City attorney have been in direct contact with the Perrys since the spring of 2002 for the acquisition of this easement. On August 28, 2003, a new appraisal placed the value of the sewer easement at $900. The City attorney forwarded the final offer to Perrys on September 15, 2003, but as of this date, the Perrys have refused to acknowledge the final offer or return an executed document to the City. Since all attempts to secure an executed document have failed, staff is recommending that Council authorize the acquisition by right of eminent domain. Contact Pedram if you have any questions regarding this issue. 9B. Resolution No. 03-073, authorize the City Manager to enter into a Texas Municipal Lease- Purchase Agreement between Government Capital Corporation and the City of Southlake for the procurement of a Menzi Muck A91 Public Works equipment truck. For the past several Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 7, 2003 Page 6 of 8 budget years, the excavator (gradall) was an unfunded need. For FY2003-04, City Council approved, through its budget adoption, the expenditure of $78,000 for the lease-purchase of an excavator. The financing structure of the lease is a tax exempt lease purchase with an interest rate of 4.498%. The agreement requires a commitment of the City over the next three years with annual payments of $76,350. The action being sought on October 7 is for Council to authorize the City Manager to enter into the agreement. Contact Sharen Elam with questions related to the financing or Pedram Farahnak with any questions related to the equipment 10A. Approve the renaming of the Southlake Softball Complex (formerly know as Texas School of Baseball). The Southlake Softball Complex was originally named the Texas School of Baseball and privately operated as a baseball park and training facility. When purchased by the City, the site was projected to become the future home of the local softball program. As such, the former name was no longer appropriate and it was renamed the “Southlake Softball Complex.” With the softball program now scheduled to be located at Bob Jones Park, the name of the facility once again needs to be changed. Following direction provided by the Parks Board at their May 12, 2003 meeting, staff sought public input for the naming of the facility. Information regarding the naming “contest” was placed in a local newspaper as well as on the City’s web site. Sixty-nine different proposed names were submitted by the public. Nineteen members of the Parks and Recreation staff independently reviewed and ranked the proposed names. The top five (5) eligible names, as listed below, were submitted to the Parks Board for consideration with the Southlake Sports Complex being chosen (9-0) as a recommendation to City Council. 1.Columbia Park 2.Freedom Fields 3.Independence Park 4. Southlake Sports Complex 5.Freedom Park As previously discussed with the Parks Board, staff recommends against naming a facility after a particular sport or activity as future uses or combination of uses may generate the necessity to Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 7, 2003 Page 7 of 8 re-name a facility. Renaming the facility as the Southlake Sports Complex provides the needed flexibility. Contact Malcolm Jackson if you have any questions regarding this item. 10B. Authorize the Mayor to execute an interlocal agreement between the City of Southlake and the City of Colleyville for GIS services. This is an annual interlocal agreement between Southlake and Colleyville for shared GIS services. The agreement authorizes a Southlake GIS analyst 34 (Sunny Lindsey) to work for the City of Colleyville two days per week for FY 200-0. This is consistent with previous GIS agreements over the last several years. In return for the GIS man-hours, Colleyville will reimburse Southlake $22,000 plus the cost of supplies. Contact Bruce Payne or Ken Baker if you have any questions regarding this item. (Bruce will be out of town until Monday.) 10C. Approve SP03-028, Variance to Sign Ordinance No. 704-A, for Southlake Emergency Care Center located at 711 East Southlake Boulevard, Suite 300. The proposed 24-inch logo is larger than the maximum 12-inches of height permitted. The logo is proposed to be centered between two lines of copy and approximately match the height of the two lines. The total sign area including the logo and each line of copy are in compliance. Contact Bruce Payne, Dennis Killough or Ken Baker if you have any questions. (Bruce and Dennis will be out of town until Monday.) 10D. Town Hall Use Policy. This item has been placed on the agenda at the request of the Mayor. A copy of the current policy has been included in your packet. Contact the Mayor if you have any questions. 10E. Define the scope of the Southlake 2025 Plan Steering Committee. This item has been included on the agenda at the request of Councilmember Greg Standerfer. Contact Councilmember Standerfer if you have any questions. OTHER ITEMS OF INTEREST Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 7, 2003 Page 8 of 8 Boo Boo's Buddies. The City of Southlake's first annual pet celebration, Boo Boo's Buddies, was a huge success. Participants enjoyed three full hours of entertainment including a pet psychic reading, a demonstration by the Dallas Dog and Disc Club, Agility Training, and a demonstration by the North Texas Sharpshooters Club. Over thirty vendors and sponsors were on site selling pet merchandise and distributing material about their business. Almost a hundred pets participated in our pet parade. Prizes were awarded to the top three pets in each category: small dog, medium dog, large dog, and other pet. Through sponsorship and on-site donations, the Boo Boo's Buddies committee was able to raise over $6,000 for the development of a pet park in Southlake. Staff would like to thank the Mayor who participated as one of the judges during the Pet Parade, as well as all of the sponsors and volunteers who made this event a success. City of Southlake expenses related to CISD. Staff is putting the finishing touches on a spreadsheet outlining expenses incurred by the City of Southlake to support CISD facilities, construction projects, programs, etc. Recent newspaper articles have failed to include this kind of information. Given the criticisms recently leveled at the City, I thought this information should be provided to you. A report will be provided as soon as it is complete. Contact Sharen Elam if you have questions. ______ BC Staff Extension Numbers: Baker, Ken, Senior Planner, 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 Payne, Bruce, Planning Director, 481-2036 Yelverton, Shana, Assistant City Manager, 481-1429