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Item 4BCity of Southlake, Texas M E M O R A N D U M October 15, 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 21, 2003 4A. Mayor’s Report. Special presentation to State Representative Vicki Truitt. We will take a few minutes to present a gift and proclamation to Representative Truitt in appreciation and recognition for the service and support she has provided to the staff and residents of Southlake. If you have any questions, contact the Mayor, Shana Yelverton, or Lori Farwell. 5A. Approve minutes for the October 7, 2003 City Council meeting. The minutes are included in your packet. If you have any questions or corrections, contact Lori Farwell. 5B. Authorize the Mayor to execute a Professional Services Agreement with Cheatham and Associates, Inc., to conduct Vulnerability Assessments (VA) and Emergency Response Plans (ERP) in accordance with the Public Health Security and Bioterrorism Preparedness and Response Act of June 12, 2002. On June 12, 2002, President Bush signed the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Bioterrorism Act) into law. This act requires that certain community water systems conduct Vulnerability Assessments (VA), certify to EPA that VA’s were conducted, and submit a copy of VA to EPA. This act also requires that community water systems such as Southlake prepare or revise Emergency Response Plans (ERP’s) and certify to EPA that an ERP has been completed. The Bioterrorism Act requires that community water systems (CWS) larger than 3,300 submit VA and VA certification to EPA before June 30, 2004. The ERP must be submitted to EPA within 6 months from the VA, but no later than December 31, 2004. The VA addresses the following components of the CWS: pipes and constructed conveyances, physical barriers, water collection, pretreatment, treatment, storage and distribution facilities, electronic, computer or other automated systems which are utilized by the public water system, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 21, 2003 Page 2 of 11 the use, storage, or handling of various chemicals, the operation and maintenance of such system. The ERP incorporates the results of the vulnerability assessment completed for the system and includes plans, procedures, and identification of equipment that can be implemented or utilized in the event of a terrorist or other intentional attack on Southlake. The ERP also includes actions, procedures, and identification of equipment which can eliminate or significantly lessen the impact of terrorist attacks or other intentional actions on the public health and safety. Both VA and ERP are sizeable documents requiring a substantial amount of time by staff and EPA trained consultant. The cost of preparation of the two documents is estimated at $50,000 which is included in the FY2003-04 water system annual operating budget. Note that the agreement with Cheatham and Associates will be provided to you at the meeting. A presentation on its contents will be made at work session. Contact Pedram Farahnak if you have any questions. 5C. Authorize the Mayor to execute a Commercial Developer's Agreement for Harris Methodist Southlake, an approximate 6 acre tract located on the south side of East Southlake Boulevard across from Central Drive. The site plan for the Harris Methodist Hospital was approved by City Council on April 15, 2003. The site plan includes a main entrance driveway located across from the intersection of Central Drive and E. Southlake Boulevard. The construction of a driveway at this location, which forms the fourth leg of a signalized intersection, will require modification of the existing traffic signal at Central Drive and E. Southlake Boulevard. The construction plans for this modification is part of the construction plans for the site and the cost and construction of this modification is the responsibility of the developer. The public infrastructure on this site includes 1,950 linear feet of water line, 606 linear feet of sanitary sewer line and modification to the traffic signal at Central Drive and E. Southlake Boulevard by addition of signal head and the supporting mast arm to accommodate the south Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 21, 2003 Page 3 of 11 driveway traffic from the Harris Methodist Hospital. There is no park fee required on this property because it was platted prior to passage of the park land dedication requirements. 5D. Resolution No. 03-074, Encouraging the Texas Legislature to include transportation funding in tax reform study. According to studies prepared by the North Texas Commission, the Texas Legislature has been allocating 63% of state highway user fee revenues to fund general government services wholly unrelated to transportation. In the interim, highway safety and urban mobility needs have become too large to handle with the current biennial appropriated funds. The State tax code is scheduled to be examined by the Legislature in the Spring of 2004 with an emphasis on public school finance reform. The North Texas Commission Board of Directors, along with other municipalities, is asking the Legislature to expand their focus to include transportation funding as well. The action being sought on October 21 is for Council to approve Resolution No. 03-074 to encourage the Legislature to broaden their tax code examination to include transportation funding. Contact Ben Thatcher in my office with any questions related to this issue. nd 5E. Ordinance No. 858, 2 Reading, Providing regulations on the use, location, and display of primary flags in residential areas. This item was tabled to the November 4 City Council meeting to allow time for Councilmember Shankland to review the proposed ordinance with the homeowners associations. Contact Councilmember Shankland if you have any questions. st 7A. Ordinance No. 480-294b, (ZA03-072), 1 Reading, Zoning Change and Concept Plan for Harris Methodist Southlake. The primary purpose for the revision to the approved zoning and concept plan is to address an increase in the total floor area and an increase in the impervious coverage. The floor area increase is due to expansion of the second floor of the building. The building site coverage is unchanged from the currently approved plan. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 21, 2003 Page 4 of 11 The impervious coverage increase is due to a calculation error in the first plan and an increase in the number of parking places to meet State codes for hospitals. The calculation of the impervious coverage on the first plan did not count the future driveway that was added along the southwest portion of the site to accommodate access needs for the property owner on the west. City code requires one space per hospital bed and one space for every four employees. The State code requires one space per hospital bed and one space per employee. The Planning and Zoning Commission recommended approval (6-0) subject to review and granting the requested variance. Contact Bruce Payne or Dennis Killough if you have any questions. 7B. ZA03-043, Revised Site Plan for Harris Methodist Southlake. The primary purpose for the revised site plan is due to the increase in floor area for Phase 1 construction. It should be noted that the site plan approval is not dependant upon the revision to the zoning and concept plan. The additional area being added to Phase 1 could be reduced in Phase 2. However, the applicant needs to fulfill their programmed build out for Phase 2, and needs to address the impervious coverage issue. They felt it would be best to address everything at this time. Variances for driveway stacking depth and building articulation are requested. The approved plan allowed the stacking depth for the driveway on the east to be at 120 feet. The applicant is requesting to reduce that to 100 feet. The building reconfiguration moved the main east-west driveway closer to Southlake Boulevard and a more accurate survey also identified that the Taylor Engineering building was 20 feet closer to Southlake Boulevard. Both issues have affected the depth of the driveway. This driveway is to be a common driveway for Harris and Taylor Engineering. The driveway is to be located on the Taylor property and will require relocation of existing parking spaces on the Taylor property. This agreement has been worked out with Mr. Taylor. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 21, 2003 Page 5 of 11 The approved plan also allowed variances to the articulation requirements. The architectural character of the building has not changed from the approved plan and it should be noted that in all facades the degree for variance has been reduced from the original plan. The Planning and Zoning Commission recommended approval (6-0) subject to review and granting the requested variance. Contact Bruce Payne or Dennis Killough if you have any questions. 7C. ZA03-068, Revised Site Plan for Gateway Plaza, Phase II. This pad site was approved on the previous site plan for this property but did not have a specific design for the building and exterior elevations. A variance to articulation is being requested on the west side of the building. It should be noted that articulation is only required on facades visible from Southlake Boulevard. Staff believes that a small portion of the west façade may be visible for a short distance between the two buildings that will directly front Southlake Boulevard. Staff agrees that the visibility may be questionable but chose to err on the side of caution. The Planning and Zoning Commission recommended approval (6-0) subject to review and granting the requested variance. Contact Bruce Payne or Dennis Killough if you have any questions. 7D. ZA03-069, Revised Site Plan for Gateway Plaza, Phase II. There are no unresolved issues regarding this item. The Planning and Zoning Commission recommended approval (6-0) subject to review as presented. Contact Bruce Payne or Dennis Killough if you have any questions. 10A. Award of bid to The Christmas Light Company for installation of holiday lighting at Town Square, and purchase and installation of holiday lighting at Town Hall. On October 3, 2003 the City's contract with Christmas Décor by Zenith will expire. This is the final renewal period allowed per contract. In an effort to continue the holiday lighting, staff prepared appropriate Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 21, 2003 Page 6 of 11 specifications and advertised for bids on August 31. Only one vendor submitted a bid on this project on September 16, 2003. The Christmas Light Company of Dallas, Texas provided a bid in the amount of $24,673, which is well within the budgeted amount of $40,000. No bid was received from Christmas Décor by Zenith who has been the installer for the lights in Town Square the past three years. The Christmas Light Company has completed projects for the City of Keller, The Shops at Legacy, Woodbridge Community Entrances and Golf Club. All lighting and decorations are to be installed by November 15, 2003 and removed within one week after January 1, 2004. Please note that the bid amount is slightly below the amount required for City Council approval, however, staff considered it necessary to seek approval from City Council in the event there is a change order. Contact Malcolm Jackson if you have any questions. 10B. Consider SP03-029, Variance to Sign Ordinance No. 704-A, for Vermilion Subdivision located at 2840 West Southlake Boulevard (FM 1709). The developers of Vermillion Addition are asking approval of a subdivision entry sign type that is not permitted. Subdivision entry signs are restricted to monument and attached type signs. The applicant is proposing a ground type sign. There are also variances requested for the setback from property lines, height and area. Contact Bruce Payne or Dennis Killough if you have any questions. 10C. Consider SP03-035, Variance to Sign Ordinance No. 704-A, for Red Sage Restaurant located at 631 East Southlake Boulevard (FM 1709), Suite A. The applicant is requesting to change the color and copy on the face of the existing sign structure on the front of the lease space. The existing copy is for Just Java and is being replaced by Red Sage. The existing sign structure exceeds the maximum area permitted for the lease space. The Sign Ordinance requires issuance of a new permit any time a sign is altered. Contact Bruce Payne or Dennis Killough if you have any questions. 10D. Consider SP03-046, Variance to Sign Ordinance No. 704-A, for Drexel Heritage Furniture located at 1600 East Southlake Boulevard (FM 1709). The applicant is requesting variances to the letter and logo heights and sign width. The signs are to be placed on the south and east Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 21, 2003 Page 7 of 11 facades of the old Room Store building. The applicants are concerned about their visibility on Southlake Boulevard. The building owners have told staff that Drexel Heritage’s lease is contingent upon sign approval. Contact Bruce Payne or Dennis Killough if you have any questions. 10E. 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 Upon completion of the inspection and desire to move forward, purchaser o deposits $5,000 additional earnest money Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 21, 2003 Page 8 of 11 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. 10F. Referral to the Tarrant County Criminal District Attorneys office for investigation and prosecution, if appropriate, violations of the Open Meetings Act relating to consideration of the 2025 agenda item on the October 7, 2003 City Council agenda. This item has been added to the agenda at the request of Councilmember Standerfer. Contact Councilmember Standerfer with any questions regarding this item. Other Items of Interest Group Health Insurance Bids. As we discussed last month, we have chosen to go out for bids again for group health insurance due to the large rate increase submitted by the current provider Cigna. We received several bids and are in the process of evaluating the proposals. It is our intention to bring a contract to you for consideration at your November 4 meeting, with an effective date of December 1, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 21, 2003 Page 9 of 11 2003 for the new insurance plan. This timeframe allows us adequate time to evaluate the proposals and then meet with the apparent lowest responsible bidder to clarify rates and contract terms. It also allows the new provider adequate time to prepare for open enrollment meetings with the employees and process the necessary enrollment information. As we also mentioned to you in September, because of the lateness in the plan year when we received the Cigna rates, we had to renew our contract with them for the months of October and November – at the new rates. In order to alleviate the impact of the new rates on the employees, the City has temporarily picked up the increase in the monthly premium rates for these two months. Effective December 1, the employees will pick up the increase in rates and the City will continue to pay the portions previously approved. Contact Kevin Hugman or me if you have any questions. Tree Replacements. Due to a variety of causes, eight Red Oaks, one Savannah Holly, and one Cedar Elm in the Southlake Town Square Family Park and eight Bur Oaks along North Carroll Avenue need to be replaced. Community Services will be removing and replacing the trees with the same amount and species of healthy trees. Quotes were received from Green Scaping ($9,684), Green Oaks Tree Farm ($10,600), and Harvest Landscaping ($11,840). Because of past and currently unresolved issues with Green Scaping, staff has selected Green Oaks Tree Farm to make these installations. The City has a successful history with Green Oaks Tree Farm on other projects such as the Street Tree Program. Contact Malcolm Jackson if you have any questions. Reel Fun at Bob Jones Park. On Sunday, October 12 the City of Southlake hosted the second annual "Reel" Fun youth fishing day at Bob Jones Park. This event was provided in part by the Texas Junior Anglers (TJA) which is a non-profit outreach program designed to educate young Texans regarding aquatic stewardship and conservation of our natural resources. Over 200 kids registered and participated in this event, which was free to participants 16 and under. The pond was stocked with adult sized channel catfish. Participants were divided into age groups and trophies were awarded for the two largest fish in each age group. This event was also sponsored by Fun & Sun boat sales, Sportsmen's Club of Fort Worth, Texas Parks and Wildlife, Academy Sports and Shakespeare. Contact Malcolm Jackson for more details. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 21, 2003 Page 10 of 11 Concessions Task Force. At its July 14 meeting, the Park Board recommended the development of a task force to study the concession and associated endorsement programs involving the sports associations. There is currently no standardization of systems and the city receives no proceeds from concession operations, yet the city bears the burden of construction and maintenance costs associated with these facilities. We believe there are also potential opportunities to expand the benefits for both the associations and the city through proper management of the concessions operations and fostering quality endorsement programs. Following a meeting with the sports associations on September 25, 2003, the task force is now ready to proceed. We anticipate meeting with the entire task force by mid- October to give the charge and outline the goals and objectives. We seek the input of any City Council members and if there are a couple of members that desire to serve directly in an advisory capacity, please contact Malcolm Jackson. Holiday Celebration. The City of Southlake and Southlake Town Square’s annual holiday celebration will be on Saturday, November 22 at the Town Square pavilion. You are invited to join the toasting in of the season by turning on the holiday lights. If you are interested in participating you will need to be on the north side of Town Hall by 5:45p.m. for a carriage ride to the pavilion. The tree lighting will occur at 6:00 p.m., with various CISD choirs performing after the lighting. In addition to the choir entertainment, there will be cookie decorating, Santa’s Barnyard, photos with Santa and much more. Contact Malcolm Jackson if you have any questions. BC 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, 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 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting October 21, 2003 Page 11 of 11 Thatcher, Ben, Management Intern, 481-5792 Yelverton, Shana, Assistant City Manager, 481-1429