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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