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Item 4BCity of Southlake, Texas MEMORANDUM November 26, 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 December 2, 2003 4B. City Manager's Report: Formal recognition by the U. S. Department of Commerce NOAA StormReady Advisory Board In October 2003 the city applied for Storm Ready Certification from the National Weather Service. The application was a check of the city's ability to provide the residents of Southlake reliable storm notification, required classes for residents on what to do in the event of a storm, and also required on site inspection of the city's ability to communicate with the National Weather Service. Gary Woodall with the Storm Ready Advisory Board will present an award to the city on behalf of the National Weather Service. This recognition will be in effect for three years. The city will be provided two signs identifying Southlake as a Storm Ready City. This recognition would not have been possible without the help of the Northeast Tarrant Amateur Radio Club. These members provide valuable storm spotting information for the city in the event of severe weather. One member of this group, Randy Burger, was invaluable in the effort to obtain the Storm Ready Certification. Contact Rick Black with questions. 4C. Library Board Report The Southlake Library Board respectfully submits a written report this month, as the items that were covered at their last meeting are on the meeting agenda this evening for your consideration. Contact John Eaglen with questions or comments regarding this item. 41). SPIN Report SPIN has been active in the past month; however, due to the number of presentations on this meeting agenda a written report is included in your packets. Contact John Eaglen regarding this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 2, 2003 Page 2 of 9 5A. Approve minutes for the November 18, 2003 regular City Council meeting The minutes have been included in your packet. Contact Lori Farwell if you have any questions or corrections. 5B. Authorize the Mayor to execute a residential developer's agreement for Stratfort Parc, a 14.63 acre, 23 -lot subdivision, located on the west side of South White Chapel Boulevard, approximately 600 feet south of West Southlake Boulevard. The final plat for Stratfort Parc was approved on September 17, 2003. This developer's agreement covers the construction of 1,775 linear feet of on -site public water line, 1,570 linear feet of on -site public sanitary sewer line, 1,020 linear feet of public storm sewer, public streets and a 50' multiple -box culvert, and 1,350 linear feet of off -site public sanitary sewer line. The developer has acquired public sanitary sewer line easements for the off -site sanitary line and has provided them to the City. Since the developer installed off -site sanitary sewer main to service Stratford Parc, he may ask Council to waive customary fees such as inspection fees, impact fees or administrative fees. City staff does not recommend waiver of any fees. Contact Pedram Farahnak with questions. 5C. Award contract to Allison - Broyles Contractor of Fort Worth for construction of drainage improvements on North Pearson Lane in the amount of $55,067.00. Staff has been working with property owners along the east side of N. Pearson Lane from Johnson Road to Gray Lane to make drainage improvements within the right -of -way of N. Pearson Lane. Five bids were received for this project with Allison- Broyles Contractor submitting the lowest qualified bid. The bids have been reviewed and are tabulated as follows: Bidder Bid Amount Allison - Broyles Contractor $55,067.00 Brett Construction $59,892.00 Eagleton Construction $66,362.50 Long Construction & Engineering $68,144.50 Ed A. Wilson $83,650.00 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 2, 2003 Page 3 of 9 Funds for the drainage improvements are available from the FY2003 -04 General Fund budget. Recommended funding for this project is $65,067.00 which includes $10,000 construction contingency. Contact Pedram Farahnak if you have any questions. 8A. Ordinance No. 578 -A, Ist Reading, Amending City Code Chapter 20, Vehicles for Hire, relating to the Regulation of Wrecker Services, re and establishing requirements for non - consent tows and allowing the contracting with one or more wrecker companies for police pulls. City Ordinance No. 578 regulating wrecker service within the city was first approved in 1994. Federal legislation and a recent Supreme Court decision, as well as changes in the wrecker industry, make revisions to the current ordinance necessary. Federal legislation now prohibits cities from regulating private tows within a city. The Supreme Court did state, however, that cities could regulate private tows if it was related to safety. The proposed ordinance conforms to the new legal requirements by eliminating the city wrecker licensing and inspection requirements, relying instead on State licensing. It also establishes requirements and maximum charges for non- consent tows by private parties within the City and continues to allow the City to contract with one or more wrecker companies for police pulls. Citizens who require tow services can call and contract their own services at whatever price they wish to pay. If you park on private property, however, and the property owner calls to have a car towed away, there are no regulations on what the tow company can charge unless regulated by ordinance. April Vernig with the city attorney's office attended numerous meetings with other cities where the recommended maximum tow fees were discussed. The proposed maximum fees and travel distances are consistent with surrounding cities. This protects our residents from unscrupulous private wrecker contractors. The ordinance also requires appropriate signage prior to the towing of a vehicle from private property. Contact Rick Black for comments or questions. 8B. Ordinance No. 859, 1st Reading, Amending Article III, "Property Taxes," of Chapter 17, "Taxation" of The Citv Code_ as amended_ by adding a new section 17 -63 relating to Ad Valorem Tax Freeze for Residential Homestead Property owners who are disabled or 65 years of age or older. As a result of the recent constitutional amendment election (H.B. 136), cities Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 2, 2003 Page 4 of 9 are now allowed to establish an ad valorem tax freeze on homesteads of the disabled, the elderly and their spouses. Staff has received the requested information from TAD to assist with determining the property values that qualify for the tax freeze. Based on the January 2003 values, there is approximately $100,236,341 of appraised value owned by disabled or over -65 homeowners in Southlake. This value equates to approximately $463,092 property tax revenue that would be frozen if Council chooses to permit the tax freeze. The effective date would begin with the 2004 tax year (January 1, 2004 values). One item to note is the taxes on the residence may be increased to the extent the value of the homestead is increased by improvements other than repairs and or improvements made to comply with governmental requirements. Contact Sharen Elam or myself with questions or comments. 8C. Ordinance No. 480 -427, 1st Reading,(ZA03 -075) Zoning change on property located at 500 South White Chapel Boulevard. The purpose of this request is to rezone the property to allow for new residential construction. There is an existing home on the property that is to be removed. There are no unresolved issues with the request. The first reading of this item does not require a public hearing and could be considered on the consent agenda. The Planning and Zoning Commission recommended approval (7 -0). Contact Bruce Payne or Dennis Killough with questions. 8D. ZA03 -039, Plat Revision for Continental Plaza Addition This plat combines two tracts in the Green Meadow Subdivision into one lot. A portion of this property includes the old S. Kimball right -of -way that was abandoned after dedication of the new Kimball alignment. There are no unresolved issues remaining on the plat review summary. This item does not require a public hearing and could be considered on the consent agenda. The Planning and Zoning Commission recommended approval (7 -0) subject to review. Contact Bruce Payne or Dennis Killough with questions. 9A. Resolution No. 03 -075, Authorize the City Attorney to acquire land located at 311 South Kimball Avenue (Georue W. Main Survey A -1098_ Tract 2A)_ 695 South Kimball Avenue Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 2, 2003 Page 5 of 9 (Lot 8, Meadow Oaks Subdivision), and 605 South Kimball Avenue (Lot 7, Meadow Oaks Subdivision), all located in Southlake, Texas by the right of eminent domain for the purpose of reconstruction of South Kimball Avenue. The City Council approved funds for the design and reconstruction of Kimball Avenue widening from FM 1709 to Heritage Business Park in FY2002 -2003. The design is approximately 90% complete and the project is scheduled to start in February 2004. Staff has been working to acquire several small tracts of land for the right -of -way widening since May 2003, but to date no agreement has been reached. To keep the project on the scheduled timeline, staff recommends that Council authorize the city attorney to proceed with condemnation on these tracts. Contact Pedram Farahnak with questions. 9B. Resolution No. 03 -076, Approve a 180 -day moratorium on development- related permits and applications on certain properties having an Industrial Land Use designation according to the s abbroved Land Use Plan and do not lie within the Corridor Overlav Zone or an area subject to Residential Adjacency Standards. Staff has forwarded two resolutions offering different options for properties affected by the moratorium. Option 1 extends to all properties that are designated as "Industrial" on the land use plan and do not lie within the corridor overlay zone or an area subject to residential adjacency standards, regardless of the current zoning. This option primarily affects properties in the southeast part of the City. Specific developments affected are Cornerstone Business Park, Green Meadows Subdivision, Heritage Business Park, the newly preliminary platted Mustang Business Park and the petroleum depots. Option 2 is a variation of option 1, but would only apply to vacant /undeveloped properties. Contact Bruce Payne or Dennis Killough with questions. 10A. Accepting the donation of services to the Southlake Public Library to create a mural in the area from Bruce and Elizabeth Bonham. Southlake residents Bruce and Elizabeth Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 2, 2003 Page 6 of 9 Bonham contacted city staff wishing to donate a mural in the storytime area of the library. They have been coordinating with staff, the Library Board, and the Public Art Advisory Committee to create a mural using the existing columns as trees, and developing a two -part transition in this area from a forest setting to a fantasy land setting with numerous animals reading books. The mural theme is "Animals are reading books about themselves while traveling to a reading adventure." Ms. Bonham plans to work on the mural during the month of December, and will recruit art students from Carroll I.S.D. to assist her in completing the project. During consideration of the proposal during a Joint Library Board /PAAC meeting on November 12, Mr. Brian Stebbins offered to donate $500 to assist with project expenses. Staff will have a detailed display of the recommended mural at the meeting for your review and comment. Contact John Eaglen regarding this item. lOB. Accepting a memorial donation of art in honor of Grace O'Brien from Barbara Tipton. Ms. Barbara Tipton wishes to donate a piece of art to the Southlake Public Library in honor of Ms. Grace O'Brien, who passed away in April 2000. Ms. Tipton was a long -time neighbor of the O'Brien's prior to their relocation to Hawaii. Ms. O'Brien was a longtime Southlake resident and a librarian at Carroll High School. The proposed donation is entitled "The Dream Keepers" by artist Kathryn Fincher, a 25" x 13" canvas, framed open edition, signed by the artist. Included in your packet for review is a biography of Ms. Fincher, and her description and a rendering of "The Dream Keepers." The Library Board and the PAAC have recommended accepting this donation, and placing the piece in the Youth Services area above the computer workstations. Contact John Eaglen with questions or comments regarding this item. 10C. Accepting the donation of commemorative art from previous Art In The Square Events from Debbie Baynard. Ms. Baynard wishes to donate a framed print used on the Art in the Square t- shirts last year. Ms. Baynard suggested this donation for placement in the study rooms or Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 2, 2003 Page 7 of 9 display around the Library, indicating that she wished to donate a commemorative print from the event on an annual basis. The Library Board and PAAC discussed this item at their November 12 joint meeting, and recommended accepting the donation, as it brings a unique display and over time, would reflect local history as the collection grows. However, both bodies approved a recommendation to you to accept this print, and that future donations would be considered on an annual basis. Contact John Eaglen with questions. IOD. Consider SP03 -082, Variance to Sign Ordinance No. 704 -A, for Camille's Sidewalk Cafe located at 2600 East Southlake Boulevard, Ste. 100. A variance to letter size is requested. The maximum permitted is 30 inches. The applicant is requesting that the logo, the "C" and the "L" be allowed at 36 inches. The applicant does not believe the logo is discernable at a lesser size than proposed and that a size reduction in the two letters becomes disproportionate. Contact Bruce Payne or Dennis Killough with questions. 10E. Consider SP03 -084_ Variance to Sion Ordinance No. 704 -A_ for Cornerstone Plaza located at 2557 East Southlake Boulevard. A variance to the height, area and spacing of the text /logo from the outer edge of the monument sign is requested as follows: Allowed Requested Max height 5 feet 8 feet, 7 inches Max area per sign face 50 sq. ft. 125 sq. ft. Max area for sign structure 70 sq. ft. 125 sq. ft. Min distance from edge of structure 6 inches 3 inches The applicant believes that the standard sign size does not allow them room for the number of tenant signs needed. Contact Bruce Payne or Dennis Killough with questions. IOF. Consider proceeding with condemnation procedures for the acquisition of land (floodway) in the Triple C Ranch subdivision (Phase -I) along the west side of Dove Creek for possible drainage improvements /maintenance and future trail Council will consider acquiring through Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 2, 2003 Page 8 of 9 friendly condemnation a corridor approximately 1,600' in length (3.3 acres) in the Triple C Ranch subdivision (Phase I) along the west side of Dove Creek. The purpose is possible drainage improvements /maintenance and a future trail that would eventually run from SH 114 to Lake Grapevine. The trail is recommended in the Southlake Pathways Plan. Staff initially presented this proposal to City Council at its July 15 2003 meeting. At that meeting, City Council instructed staff to proceed with having a legal description/exhibit map prepared showing the extent of the land to be acquired and requested that staff present that information to City Council at a later meeting (staff received the legal description and exhibit map in November). Council indicated that once they had an opportunity to review the extent of the land to be acquired that they would make a final decision on whether or not to proceed with the friendly condemnation process. An exhibit map indicating the area to acquire is included in the packet. Contact Bruce Payne with questions. OTHER ITEMS OF INTEREST 1. You are cordially invited to attend the kick -off of new joint project with TXU to benefit parks and the Southlake Public Library on Saturday, December 6, 9:00 -9:30 a.m. at Chesapeake Park (corner of Pearson Lane and Old Union Road). A brief ceremony is planned with special guests from TXU unveiling their pilot program — "TXU Community Rewards." This program is designed to improve the quality of life for Southlake residents by donating either a tree to the City or a book to the Southlake Public Library in the name of Southlake residents who receive service from TXU Energy throughout 2004. Please join us on December 6 th to support this event. Contact Malcolm Jackson with questions. 2. Holiday Celebration Thank You. Thank you to Mayor Andy Wambsganss and Brian Stebbins for their participation in the tree lighting ceremony. The tree lighting event which took place on Saturday, November 22, 2003 was a great success. This event also included a visit from Santa as well as entertainment from the Southlake Community Band and performances by choirs from Rockenbaugh Elementary, Durham Elementary, Durham Intermediate, Johnson Elementary, Eubanks Intermediate, and the Green Jackets. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting December 2, 2003 Page 9 of 9 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