Item 4BCity of Southlake, Texas
MEMORANDUM
January 18, 2002
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
January 22, 2002
Note: Tax Increment Reinvestment Zone Number One Board of Directors Meeting - The meeting is
scheduled for 4:30 p.m. in the Council Chambers prior to the work session. I would like to remind you
that early voting for the Crime Control District Continuation Election will be ongoing until 5:30 p.m.
in the Executive Conference Room, so please enter the Council Chambers through the main entrance.
The meeting is intended to inform you of the financial status of the reinvestment zone and present the
annual report to you, as well as cover administrative items relating to the board. Please contact Sharen
Elam or John Eaglen with questions or comments relating to the upcoming meeting.
Agenda Item No. 4A. Mayor's Report. Martin Schelling, president of Crime Control and Prevention
District Board, will be present to speak for a few minutes on the CCPD election.
Agenda Item No. 4B. City Manager's Report. Included in your packet are the financial statements for
the General Fund and the Water & Sewer Fund for Dec. 2001. If you have any questions, contact
Sharen Elam.
Agenda Item No. 5A. Approval of the minutes of the Regular City Council meeting held January 7,
2002. If you have any changes to the minutes, please discuss these at the work session or notify Kim
Bush prior to the meeting. She will bring the amended minutes to the meeting for your consideration.
Agenda Item No. 5B. Resolution No. 02 -002. Citv Council Abbointment of the Chair for the Tax
Increment Reinvestment Zone Number One Board of Directors for 2002. Per Section 311.009(f) of the
Tax Increment Financing Act, this resolution appoints the chair of the TIRZ Board of Directors for a
one -year term for the current calendar year. The City Council is required to appoint the chair on an
annual basis. This is an agenda item on the TIRZ Board of Directors Meeting prior to the City Council
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting — January 22, 2002
Page 2 of 11
meeting, and the resolution has been left blank pending the discussion by the TIRZ Board. Please
contact John Eaglen with questions or comments relating to this agenda item.
Agenda Item No. 5C. Award of bid to American Landscape Systems for landscape maintenance of
Town Square public areas. As you may know, the past years' contract for landscaping services for
Town Square public areas was awarded to Cooper and Stebbins. The contract was a one -year contract
with two one -year renewals. However, the contract specified a cost adjustment could not exceed the
Employment Cost Index for the industry category (which was determined to be 4% in 2001). Since
Cooper and Stebbins was requesting a 20% increase, we were required to re -bid the contract.
American Landscape Systems was the low bid at $29,250, with Cooper and Stebbins being second low
bid at $31,996. We have checked the references of American Landscapes and made site visits to view
the level of complexity of other jobs and their performance. All of the clients contacted were pleased
with their work, and our site visits lead us to believe they are qualified to perform the work specified in
the contract. Staff recommends the award of contract to American Landscape Systems in the amount
of $29,250. The contract is again a one -year contract with two one -year renewals. Please call Kevin
Hugman if you have any questions on this item.
Agenda Item No. 5D. Revision to Park Use Policy to define hours of operation for City parks The
packet item cover memo describes the staffs recommendations on this item. Currently, only
Bicentennial Park has posted hours of operation. As we move toward more developed neighborhood
parks and open more areas in Bob Jones Park to public use, we need to define the hours of operation
for safety and security purposes. It is not our intent to chase people out of the park following a
function, even if functions last later than expected, but rather to give police officers a tool to ensure
that people are not in the park when they should not be, such as late at night when the park is obviously
closed and activities have ceased. Please call Kevin Hugman if you have any questions on this item.
Agenda Item No. 5E. Approval of professional services contract with Shrickel, Rollins and Associates
for the redesign of the Southlake Softball Complex This contract would allow us to move forward
with an extensive evaluation of the current facilities and a redesign of the complex to accommodate
four lighted softball fields, restroom/concession area, additional parking, and other amenities necessary
for the Softball Complex. Staff has worked with SRA on the following recent projects:
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting — January 22, 2002
Page 3 of 11
• 2001 Parks, Recreation and Open Space Master Plan revision
• Bicentennial Park schematic design revision
• Evaluation of Bicentennial Park "hill" for location of recreation center.
The consultant will evaluate the current facilities (including irrigation, lighting, fields and fencing,
building, parking, etc.) to achieve the minimum amount of new construction. Consequently, there will
be considerably more work involved than if the facility to be designed were on an undeveloped piece
of property. Staff is satisfied with their work and sensitivity to citizen and staff input in the design
process. SPDC will consider this item at its meeting prior to the City Council meeting. Please call
Kevin Hugman if you have any questions on this item.
Agenda Item No. 5E. ZA 01 -129, Plat Revision for Lots 2R1, 2R2, and 2R3, Block A, Graham -White
Addition This property is located at 225 Pine Street, on the east side approximately 500' south of
White's Chapel United Methodist Church. The purpose of this request is to subdivide one lot into two.
The applicant plans on living on Lot 2 -R1 and selling 2 -R2. There are no significant issues related to
this request. The applicant agrees to comply with the remaining plat review requirements.
The Planning and Zoning Commission recommended approval (6 -0) subject to review on Jan. 3, 2002.
If you have any questions regarding this item, please contact Bruce Payne.
Agenda Item No. 6A. Public Forum. Southlake resident Carolyn Morris would like to take a few
minutes during this time to present a police officer and fireman's prayer. Police Chief Marlin Price
and Battalion Commander Robert Isbell will be present to accept on behalf of DPS.
Agenda Item No. 7A. Ordinance No. 822, 2nd Reading, an ordinance creating the legal presumption
that the registered owner of a vehicle is the operator for purposes of enforcement of parking and other
traffic related ordinances in the City. As discussed at your previous meeting, police officers are
seldom present when individuals park, stand, or stop their vehicle illegally. Enforcement of parking
regulations most often begins with officers' finding an illegally parked vehicle with no one around.
While officers issue citations, prosecution is difficult because officers are unable to prove culpability.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting — January 22, 2002
Page 4 of 11
The 77 Legislature of the State of Texas amended the Transportation Code to allow municipalities to
create in their Municipal Codes a presumption that the registered owner is the operator for purposes of
prosecution. The owner can refute this presumption in court by presenting evidence to the contrary.
The passage of this ordinance will allow the Municipal Court to process citations and schedule
violations for court by sending the registered owner proper notice. Contact Rick Black with any
comments or questions.
Agenda Item No. 713, Ordinance No. 823, 2 nd Reading, abandoning a portion of the North Carroll
Avenue right -of -way As discussed at your previous meeting, in 1998 the section of North Carroll
Avenue just north of FM 1709 was reconstructed to align with South Carroll Avenue south of FM
1709. This left the right -of -way of North Carroll Avenue, outside of the right -of -way alignment, not
necessary for City purposes. In June 1999 and March 2000, the City Council approved the
abandonment and quit claim of a portion of this right -of -way. The 0.161 acres on this agenda will
complete the balance of the 1998 abandonment. The adjacent property owner has requested that the
City complete the abandonment of the North Carroll Avenue right -of -way by abandoning and quit
claiming the final portion.
There are still some utility company facilities (electric, gas and telephone) within that right -of -way;
therefore, the right -of -way would have to be abandoned save and except for a utility easement for the
existing utilities
Agenda Item No. 8A, Ordinance No. 480 -386, 1 st Reading ZA O1 -121, Rezoning and Concept Plan for
proposed Lots 1 and 2, Block A, Cornerstone Plaza. This property is located on the southeast corner of
East Southlake Boulevard (FM 1709) and South Nolen Drive. The purpose for the rezoning and
revised plan is to add approximately 7,000 square feet of retail commercial floor space to the site.
The primary changes to the approved plan are as follows:
• A net increase in commercial retail floor area by approximately 7,000 square feet. This is the
result in a decrease of restaurant space from approximately 21,000 square feet to 7,000 square
feet and an increase in retail space from 51,000 to 72,000.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting — January 22, 2002
Page 5 of 11
• A 1% increase in the overall permitted impervious coverage from 76% to 77% (max. increase
of ± 4,200 SF)
• Driveways changes:
— Added Drive "Al" accessing South Nolen Drive.
— Decreased the stacking on Drive "A" from 75' to 55' (100' required).
— Drive `B" moved 7' west to align with drive across FM1709 and decreased the stacking
from 100' to 90'.
Although the changes in the driveways are minimal from the approved plan, re- approval of the
variances is needed.
The applicant had requested relief of articulation requirements on the facades facing south as part of
the proposed regulations. They have removed this request.
The Planning and Zoning Commission recommended approval (5 -1) subject to review, specifically
granting driveway variances for stacking and spacing and approving permitted use and development
regulations as proposed except for articulation relief on the south side of buildings `A' and `A -1', on
Jan. 3, 2002. Commissioner Muller dissented. It appeared her concerns were with the additional
driveway onto South Nolen Drive (Drive "A -1") that is primarily intended for a truck service entrance
and the lack of a sidewalk. Neither the Master Pathways Plan nor Sidewalk Ordinance require a trail or
sidewalk in this location.
If you have any questions regarding this item, please contact Bruce Payne.
Agenda Item No. 813, ZA 01 -122, Site Plan for proposed Lot 1, Block A, Cornerstone Plaza (Tabled to
the February 12, 2002 meeting). This is the site plan for the first phase of the previous item,
Cornerstone Plaza. This item is being tabled until the second reading of the associated rezoning and
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting — January 22, 2002
Page 6 of 11
concept plan to allow time to fully address all the recommendations made by the Planning and Zoning
Commission. The first phase is intended to house Ultimate Electronics as the anchor tenant
The Planning and Zoning Commission recommended approval (6 -0) subject to review, allowing the
variance for horizontal articulation on the north elevation of buildings `A' and `A -1', granting a
variance for horizontal articulation of the east elevation of building `A' with a color change or other
schematic change being made to the fagade, and allowing a variance to the horizontal articulation of
the east portion of the south elevation of building `A' starting at the west service bay. Accepting the
applicant's commitment to soften the west side of building `B' and increase the landscaping or
berming on the west side of building B', on Jan. 3, 2002. If you have any questions regarding this
item, please contact Bruce Payne.
Agenda Item No. 9A. Resolution #02 -003, Supporting a request from Trophy Club and Denton
County that TxDOT expedite its plan for the widening of SH 114 from Interstate 35W to Highway
287. This resolution will support a similar resolution approved by the Town of Trophy Club. I believe
it is improvement to our community as well as Trophy Club and other communities along the SH 114
corridor. Martin Schelling with Metroport Cities Partnership is fine with the request and is
comfortable that it will not conflict with any other projects. Contact me if you have any questions.
Agenda Item No. 10A, Variance to the Lighting Ordinance No. 693 -B for parking lot lighting located
at the 114 Kimball Square Retail Office Complex, 2354 -2368 E. SH 114. This request for a lighting
variance is presented for the Kimball Square Center located at 2354 -2368 E. SH 114. The applicant,
Dan Matise, received a building permit to remodel the shopping center building. The shopping center
originally had parking lights on poles, and used the white metal halide or similar type lighting. During
remodeling of the center, the contractor replaced the existing light poles with newer style poles and
continued the use of the white metal halide. The applicant had chosen metal halide fixtures that cast a
white light, without recognizing that the remodeling invoked the lighting requirements for the use of
high - pressure sodium under the ordinance.
As preparations were being made for the final inspection for the certificate of occupancy, staff noted
that the lights were not high- pressure sodium (soft pinkish orange lights) and brought the matter to the
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting — January 22, 2002
Page 7 of 11
attention of Mr. Matise. Mr. Matise worked with staff to consider other options that could be approved
by the staff, including the installation of additional shields around the lights to minimize visibility of
the light source.
Mr. Matise also considered the use of ground lights to illuminate the building. However, the site is
extremely small and placement of other lights reduced the parking area or would be obscured by
parked vehicles. In addition, the placement of ground lights in front of the businesses posed a potential
visibility difficulty for the pedestrian traffic and occupants of the building. Mr. Matise is requesting
the change, recognizing that the use of the high- pressure sodium significantly alters the appearance and
aesthetics of the building, particularly with the limitations on other accent lighting options.
Section 4 of the ordinance authorizes the Building Official to approve alternate lighting if he finds that
it provides at least approximate equivalence to the applicable specific requirements of the ordinance
and is otherwise satisfactory and complies with the intent of the ordinance. In this case, staff
considered the following facts:
(1) Mr. Matise undertook a difficult remodeling project for a small site even though he
could have continued with the existing building and lighting had he chosen to do so.
(2) This structure is situated along the newly widened SH 114 and other commercial
property nearby on the same side of the roadway use white lights at their locations.
(3) Significant effort has been made to shield the lighting source from vehicular traffic
areas and the lighting otherwise complies.
(4) Because of the small site space, the placement of ground lighting could impose other
complications.
(5) The lighting has been on for several weeks and there have been no complaints from any
adjacent property owners or other persons traveling in the area.
P &Z reviewed this matter at the Jan. 3, 2002, meeting and recommended 6 -0 to approve the request for
the variance.
Staff does believe that the conditions to authorize a variance have been met, but that it would be more
appropriate to seek the direction and authorization of the P &Z and City Council regarding this variance
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting — January 22, 2002
Page 8 of 11
request because of the unique location of the site and the continued use of the white lights. Contact
Rick Black for any questions or comments.
Agenda Item No. 1013. Election Judges request for additional compensation for clerks, alternate judge
and election judge. This item is being placed on the agenda at the request of Councilmember
Shankland. A copy of the request is included in your packet.
Agenda Item No. 1 IA, Discussion of FY2001 -02 to FY2005 -06 Capital Improvements Program City
Council approved the FY 2001 -02 CIP Budget on Sept. 18, 2001 with the understanding that staff
would have a CIP work session with Council to address any questions concerning the budget.
Remember the CIP Technical Committee consisted of the executive team and an extensive amount of
time and effort was put into the Capital Improvements Program. Also, on Tuesday night Sharen Elam
will present the debt structure related to financing the CIP. Please remember to bring your CIP binder
dated Sept. 6, 2001. If you have any questions, contact Sharen Elam or Bruce Payne.
OTHER ITEMS OF INTEREST
Custodian Position. Recall that City Council approved the funds necessary in the FY01 -02 budget to
provide for a day janitor at Town Hall on a contract basis. General Building Maintenance Co. assigned
Manuel Alavez to perform this task. Manuel has been doing an excellent job, as you probably have
noticed, and staff could not be more pleased. I would like to bring Manuel on as a regular employee
with the City so that we can be sure he won't be assigned somewhere else by the contractor and also
give us the ability to have complete supervision. This will require creating a new position, which
needs Council approval. If there are no concerns, I would like to bring this item forward at your next
meeting in February. Contact me with any questions.
Charter Communications Performance Concerns The 30 -city Charter consortium met in Fort Worth
on Friday, Jan. 11, to discuss several performance and franchise issues of concern. At the meeting it
was decided to send a letter from the entire consortium to several Charter executives in Fort Worth and
St. Louis. The letter will specifically outline what our issues are at this point, ask for a response to each
issue, and request a meeting in February with those executives to address our concerns.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting — January 22, 2002
Page 9 of 11
The letter will request the following in writing: an organization chart that reflects the new local
ombudsman position as well as the St. Louis position, a listing of the duties of both positions, and a
timeline for hiring the local position. Other issues in the letter will include the recent decline in
customer service (frequency of busy signals, long hold times, problems getting technicians out), slower
response to city cable complaints by the customer care group, and complaints about negative option
fees (i.e. the wire maintenance fee) and recent marketing efforts (i.e. conversion to digital boxes). The
letter also will notify Charter that we are considering assessing liquidated damages for its 2001 third
quarter non - compliance on customer service standards.
Fort Worth and North Richland Hills officials are drafting the letter, which will be reviewed by the
member cities and then sent to each City Manager for signature. I will provide a copy to you when I
receive it. If you have any questions in the meantime, please call Public Information Officer James
Kunke
South Kimball Avenue street repairs Since the concrete pavement was poured on South Kimball
Avenue near the new schools, a bump has developed in the pavement. The contractor and Public
Works staff have investigated the occurrence, trying to determine its cause. A geotechnical lab
performed some tests of soil beneath the pavement as well as the pavement itself. It appears that the
best explanation that we can find is that there is a waterline ditch below that pavement, crossing the
roadway from east to west, and the backfill material in the ditch has a higher clay content than the
surrounding soil. When the contractor irrigated the new sod that was installed behind the curbs, the
water got into the ditch and expanded the clay material, which buckled the pavement. The contractor
will be removing some of the pavement and clay material from the ditch and replacing the concrete
pavement that was removed within the next few weeks. If you have any questions, contact Pedram
Farahnak.
Texas Parks and Wildlife rag nt application for recreation center Staff has been informed by TPWD
that our grant application was not recommended for funding in the 2002 cycle for indoor recreation
grants. TPWD received more than $13 million in grant requests for available funding of $3.3 million.
This was an exceptional year for grant requests, and although we were competitive, only five projects
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting — January 22, 2002
Page 10 of 11
were funded out of 22 requests. Area cities that applied but also were not funded include Keller,
Farmers Branch and The Colony. Staff will review the TPWD scoring once it is available to determine
areas for improvement, and hopes to apply again this fall. Please contact Kevin Hugman if you have
any questions related to this item.
White Chapel intersection at FM 1709 In my notes to the City Council on Jan. 11, 2002, I explained
that the Public Works Engineering staff was in contact with project engineer HNTB, and project
contractor AUI for additional corrective work to make the intersection travel friendlier. The problem
occurs as the mid - northbound through lane approaches FM 1709. FM 1709 has a naturally sharp,
upward slope at White Chapel. This sharp slope change is the cause for impact similar to roller coaster
motion.
Due to the critical location of the problem, our goal is to ensure that further corrections will not be
necessary in the future. As we get ready to implement corrections, we will keep you informed of our
progress and the construction schedule. Please call Pedram Farahnak if you have any questions.
Employee Awards Banquet The 2002 Employee Banquet, "Measuring Our Success," will be held on
Saturday, Jan. 26, at the Ranch of Lonesome Dove. As in past years, the banquet program will include
presentation of Employee of the Year, Director, Teamwork and other awards. One new award for 2002
will be the Kristin Pitzinger Customer Service Award.
As of Friday, the RSVP list did not reflect reservations from any members of Council. I hope you all
can attend. Please let Kim Bush know if you plan to attend and she will place you on the RSVP list.
IN
Staff Extension Numbers:
Black, Rick, DPS Director, 481 -2406
Campbell, Billy, City Manager, 481 -1409
Cates, Harold, Human Resources Director, 481 -1952
Eaglen, John, Assistant to the City Manager, 481 -1433
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting — January 22, 2002
Page 11 of 11
Elam, Sharen, Finance Director, 481 -1713
Farahnak, Pedram, Public Works Director, 481 -2308
Hugman, Kevin, Director of Community Services, 481 -1527
Jackson, Malcolm, Chief of Building Services, 481 -5543
Kunke, James, Public Information Officer, 481 -1456
Last, Greg, Director of Economic Development, 481 -1671
LeGrand, Sandra, City Secretary, 481 -1519
Payne, Bruce, Planning Director, 481 -2036
Thomas, Charlie, City Engineer, 481 -2175
Yelverton, Shana, Assistant City Manager, 481 -1429
GENERAL FUND
Statement of Revenues, Expenditures and Changes in Fund Balance
for the period ended December 31, 2001
with comparative actual amounts for the period ended December 31, 2000
(fiscal month 3 - 25.00 %)
REVENUES
Ad Valorem Taxes
Sales Tax
Franchise Fees
Fines
Charges for Services
Permits /Fees
Miscellaneous
Interest Income
Total Revenues
EXPENDITURES
Year to Date
12/31/01
$3,381,075
1,213,928
777,571
163,677
146,290
313,596
98,132
35,780
$6,130,049
Adopted
2001/02
Bum
$8,750,812
5,215,000
1,484,063
906,500
685,812
1,184,200
236,882
200,000
$1803,269
Percent
Collected/
Expended
38.6%
23.3%
52.4%
18.1%
21.3%
26.5%
41.4%
17.9%
32.8%
City Secretary
Human Resources
City Manager
Support Services
General Government Total
Finance
Municipal Court
Municipal Court -Teen Court
Finance Total
Fire
Police
Public Safety Support
Building
Public Safety Total
Streets /Drainage
Public Works Administration
Public Works Total
Planning
Planning Total
Economic Development
Community Development Total
Community Services
Parks and Recreation
Library Services
Community Services Total
Total Expenditures
Excess (deficiency) of
Revenue over Expenditures
OTHER FINANCING
SOURCES AND (USES)
Proceeds from lease /CO (net)
Transfer In -Other Funds
Transfer To -Other Funds
Total Other Sources /(Uses)
Excess (deficiency) of
Revenues /other sources over Exp.
FUND BALANCE OCT 1
Change in reserved fund balance
ENDING FUND BALANCE
fund balance percentage
$63
$35200
18.0%
53
286,757
18.7%
73,959
401,268
18.4%
498,486
2,309,100
21.6%
689,333
3,349,125
20.6%
89,919
517,246
17.4%
59
357,597
16.6%
14,904
88,211
16.9%
164,285
963,054
17.1%
444
2,779,355
16.0%
748,267
4,522,556
16.5%
217
1,122,823
19.4%
197,862
1,033,830
19.1%
1,608,120
9,458,564
17.0%
28901
1,068,823
27.1%
142,292
804,576
17.7%
432,153
1,873,399
23.1%
109,303
531,203
20.6%
109,303
531,203
20.6%
57,004
293,875
19.4%
57,004
293,875
19.4%
100,550
514,375
19.5%
322
1,791,563
18.0%
61,393
412,932
14.9%
484,596
2,718,870
17.8%
$3,544,794
$19,188,090
18.5%
$2,585 ($524,821)
$0
$0
0
0
0
(1,120,163)
$0
($1,120,163)
$2,585,255
($1,644,984)
$4,714,267
$0
$3,069,283
16.0%
Year to Date
12/31/00
$3,065,398
1,041,955
594,132
230,466
81,864
318,856
55,732
44,318
$5,432,721
$49,593
43,021
58,982
5 12,077
663,673
89,576
56,308
16,680
162,564
302,009
662,140
199,369
167,095
1,330,613
165,953
138,185
304,138
100,194
100,194
46,573
46,573
135,956
204,624
27,085
367,665
$2,975,420
$2,457,301
$0
0
0
$0
$2,457,301