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2002-06-04 Regular CC Meeting CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: JUNE 4, 2002 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Call to order. 2. Discussion of all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 P.M. or Immediately Following the Work Session 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076 and 551.086. Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071 Consultation with City Attorney a. Seek advice of city attorney regarding employee benefits. b. Seek the advice of the attorney regarding Pinnacle Integrated Technologies, Inc. c. Seek the advice of the attorney regarding Botanical Technologies, Inc. d. Update on pending and/or contemplated lawsuits. 2. Section 551.086 Deliberation Regarding Economic Development Negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Chaplain of the month, Keith Luttrell, Southlake Church 4. REPORTS: A. Mayor's Report 1. Presentation: Communicator Award of Distinction for Government newsletter 2. Presentation by Texas Forestry Service: Tree City USA 3. Robb Wasielewski, President of Northeast Arts Council B. City Manager's Report City of Southlake City Council Meeting Agenda June 4, 2002 Page 2 of 4 C. SPIN Report D. Library Board Report E. Committee Reports F. Local Business Report CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consent: A. Approval of the minutes of the City Council meeting held on May 21, 2002. B. ZA02 -043, Development Plan for Southlake Town Square, Phase IV, located on the east side of Central Avenue, north side of E. Southlake Boulevard and the south side of State Highway 114. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8. TABLED TO THE JUNE 18, 2002, CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -399, 2nd Reading (ZA02 -034) Rezoning and Site Plan for Sonic Restaurant, at 2550 East Southlake Boulevard (FM 1709) located on the north side of East Southlake Boulevard (FM 1709), approximately 600' west of N. Nolen Drive. Current Zoning: AG - Agricultural District. Requested Zoning: S -P -1 - Detailed Site Plan District with C -2 - Local Retail Commercial District uses. SPIN Neighborhood #7. PUBLIC HEARING B. Ordinance No. 810 -A, 2nd Reading, Amending Ordinance No. 810, amending FY2001 -02 budget. PUBLIC HEARING C. Ordinance No. 805 -A, 2nd Reading, Amending Ordinance No. 805, agreement with the Municipal Judge. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480 -275a, 1 Reading (ZA01 -124) Rezoning and Concept Plan for Remington Retirement Community located on the south side of West Southlake Boulevard (FM 1709), south of the intersection of West Southlake Boulevard (FM 1709) and West Jellico Circle. Current Zoning: S -P -2 - Generalized Site Plan District to include personal care facility, nursing care facility, and (senior) multi- City of Southlake City Council Meeting Agenda June 4, 2002 Page 3 of 4 family residential uses. Requested Zoning: S -P -2 - Generalized Site Plan District to include personal care facility, nursing care facility, (senior) multi - family residential and (senior) two - family residential uses. SPIN Neighborhood #15. (If approved on first reading, Public Hearing will be held on June 18, 2002.) B. Ordinance No. 480 -224a, 1 Reading (ZA02 -042) Zoning Change and Concept Plan for Southlake Town Square, located on the south side of State Highway 114, north side of East Southlake Boulevard (FM 1709) and east side of North Carroll Avenue. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. Requested Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8. (If approved on first reading, Public Hearing will be held on June 18, 2002.) 9. Resolutions: (no items for this agenda) 10. Other items for consideration: A. Request for a variance to Sign Ordinance No. 704 -A for Cooper and Stebbins, Southlake Town Square West Side District. 11. Other items for discussion: (no items for this agenda) 12. Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, 'poons,""orl, May 31, 2002, at 6:00 p.m., pursuant to the Texas Government Code, Cla ttg ‘34 = ' • Kim lush ' Ac ng City Secretary ••�•." .�``. If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 817 - 481 -1490 and reasonable accommodations will be made to assist you. City of Southlake City Council Meeting Agenda June 4, 2002 Page 4 of 4 EXECUTIVE SESSION SECTION 551.071 CONSULTATION WITH ATTORNEY The City Council may conduct a private consultation with its attorney when the City Council seeks the advise of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. Hanson Aggregate Central, Inc., vs. City of Southlake. October 2000. 2. Marcus Taylor vs. City of Southlake and TRI DAL, LTD. March 2001. 3. City of Southlake vs. Timarron et.al. May 2001. 4. Oakmont Enterprises, Inc., vs. City of Southlake, and Sabre, Inc. January 2002. 5. Leona and Raymond Fox vs. City of Southlake. April 2002. 6. Dana C. Kalal vs. Department of Public Works City of Southlake. April 2002. 7. David A. Gray vs. City of Southlake. April 2002. SECTION 551.072 DELIBERATION REGARDING REAL PROPERTY The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. SECTION 551.073 DELIBERATION REGARDING PROSPECTIVE GIFT The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. SECTION 551.074 DELIBERATION REGARDING PERSONNEL MATTERS The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. SECTION 551.076 DELIBERATION REGARDING SECURITY DEVICES The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. SECTION 551.086 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. City of Southlake CITY COUNCIL MEETING June 4, 2002 MINUTES CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Greg Standerfer; Councilmembers: Carolyn Morris, Rex Potter (arrived at 7:11 p.m.), Keith Shankland, and Tom Stephen. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Community Services Director Kevin Hugman, Human Resources Director Harold Cates, Finance Director Sharen Elam, Planning Director Bruce Payne, Senior Planner Dennis Killough, Public Works Director Pedram Farahnak, Senior Engineer Charlie Thomas, Director of Economic Development Greg Last, Economic Specialist Betsy Boyett, Director of Public Safety Rick Black, Public Information Officer James Kunke, Landscape Administrator Keith Martin, Landscape Official John Ard, Deputy Director of Administrative Services Malcolm Jackson, City Attorney E. Allen Taylor, Acting City Secretary Kim Bush, and Administrative Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Stacy at 5:45 p.m. REGULAR SESSION: Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 5:53 p.m. Agenda Item No. 2A, Executive Session: Mayor Stacy announced that the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding personnel matters; Section 551.086, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:53 p.m. Mayor Stacy called the executive session to order at 6:39 p.m. Agenda Item No. 2B, Reconvene: Executive Session ended at 7:01 p.m. and City Council reconvened the regular meeting at 7:07 p.m. There was no action necessary as a result of the Executive Session. Agenda Item No. 3, Invocation was presented by Keith Luttrell of Southlake Boulevard Church. Agenda Item No. 4, Reports: A. Mayor's Report: Mayor Stacy announced upcoming meetings and events. The Mayor stated that for the fifth year in a row the City of Southlake has been awarded the designation of a Tree City USA by the National Arbor Day Foundation and Southlake has also been awarded The National Arbor Day Foundation's Growth Award for the fourth year in a row. Courtney Blevins of the Texas Forest Service presented these awards to Director of Public Safety Rick Black, Deputy Director of Administrative Services Malcolm Jackson, Landscape Administrator Keith Martin, and Landscape Official John Ard. Also, the new President of the Northeast Arts Council, Robb Wasielewski, introduced himself to the Mayor and to the City Council. B. City Manager's Report: City Manager Billy Campbell stated that on May 24 the City of Southlake hosted the National Public Works Rodeo and approximately 400 people attended City Council Meeting Minutes, June 4, 2002 Page 1 of 6 the event and approximately 100 people participated in the events. Southlake won several awards with a top award going to Terry Holloway in the backhoe demonstration. C. SPIN Report: SPIN #11 Representative Roger Hutton briefed the Council on upcoming SPIN meetings. D. Library Report: Library Board member Angelique York updated the Council on the Library's statistics and upcoming events. E. Committee Reports: None F. Local Business Report: David Henninger of Alphagraphics made a brief presentation regarding his store. Consent Agenda Items: A. Approval of the minutes of the Regular City Council meeting held on May 21, 2002. Approved as presented. B. ZA02 -043, Development Plan for Southlake Town Square, Phase IV, located on the east side of Central Avenue, north side of E. Southlake Boulevard, and the south side of SH 114. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. Tabled to the June 18, 2002, City Council meeting. 10A. Request for a variance to Sign Ordinance No. 704 -A for Cooper and Stebbins, Southlake Town Square West Side District. Applicant is requesting to use multiple blade signs at two lamp post locations and a ground sign at one location as off -site signs to promote the businesses in the West Side District at Southlake Town Square. Motion was made to approve consent agenda items 5A, 5B (to table), and 10A as discussed in Work Session. Motion: Standerfer Second: Stephen Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Stacy Nays: none Approved: 7 -0 Agenda Item No. 6A. Public Forum. Andrew Viehayanonda, 1740 Oak Lane South, Southlake, Texas. Delivered a petition to the City Council requesting that the city repair or replace North and South Oak Lane. Agenda Item No. 7A. Ordinance No. 480 -399, 2 Reading (ZA02 -034) Rezoning and Site Plan for Sonic Restaurant, at 2550 East Southlake Boulevard (FM 1709) located on the north side of East Southlake Boulevard (FM 1709), approximately 600' west of N. Nolen Drive. Current Zoning: AG - Agricultural District. Requested Zoning: S -P -1 - Detailed Site Plan District with C -2 - Local Retail Commercial District uses. Senior Planner Dennis Killough presented Ordinance No. 480 -399 and commented that P &Z recommended approval at its meeting on May 9, 2002 (4 -2) subject to Site Plan Review Summary No. 2, dated May 3, 2002. City Council approved first reading (6 -1) on May 9, 2002, subject to Site Plan Review Summary No. 2, dated May 3, 2002. Applicant Dennis Clark answered questions from the Council. They discussed the possibility of adding a right - in/right -out driveway to the site. Randall McCauley, President of Bank of the West, 2438 E. Southlake Boulevard, Southlake, Texas. Spoke in opposition to this item. City Council Meeting Minutes, June 4, 2002 Page 2 of 6 There were no comments from the audience during the Public Hearing. Mr. Killough stated that based on staff's calculations of 20.32% opposition of surrounding property within 200 feet, a super majority vote would be needed for approval of this item. It will be incumbent upon the applicant to demonstrate that the 20 percent standard has not been achieved. Mr. Clark asked to table this item to allow them time to lay out a right - in/right -out driveway on their property and to work with city staff and with the bank on that issue. Motion was made to table Ordinance No. 480 -399 to the June 18, 2002, City Council meeting at the applicant's request. Motion: Standerfer Second: Shankland Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Stacy Nays: None Approved: 7 -0 (to table) Agenda Item 7B. Ordinance No. 810 -A, 2nd Reading, Amending Ordinance No. 810, amending FY2001 -02 budget. Staff recommends amending the FY2001 -02 budget by decreasing revenues and expenditures by $381,638 and $680,581, respectively. There were no comments from the audience during the Public Hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REVISING THE BUDGET FIGURES FOR FISCAL YEAR 2001 -02 BEGINNING OCTOBER 1, 2001, AND TERMINATING SEPTEMBER 30, 2002, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 810 -A, 2 Reading, Amending Ordinance No. 810, amending FY2001 -02 budget. Motion: Standerfer Second: Potter Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans, Stacy Nays: None Approved: 7 -0 Agenda Item 7C. Ordinance No. 805 -A, 2 Reading, Amending Ordinance No. 805, agreement with the Municipal Judge. Staff recommends approving the ordinance which will amend the professional services agreement with Municipal Judge Carol Montgomery to enable her to participate in the Texas Municipal Retirement System at a cost of $4,300 annually to the City. There were no comments from the audience during the Public Hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: City Council Meeting Minutes, June 4, 2002 Page 3 of 6 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE MUNICIPAL JUDGE TO PARTICIPATE IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM. Motion was made to approve Ordinance No. 805 -A, 2 Reading, Amending Ordinance No. 805, agreement with the Municipal Judge. Motion: Standerfer Second: Stephen Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Stacy Nays: None Approved: 7 -0 Agenda Item 8A. Ordinance No. 480 -275a, 1 Reading (ZA01 -124) Rezoning and Concept Plan for Remington Retirement Community located on the south side of West Southlake Boulevard (FM 1709), south of the intersection of West Southlake Boulevard (FM 1709) and West Jellico Circle. Current Zoning: S -P -2 - Generalized Site Plan District to include personal care facility, nursing_care facility, and (senior) multi - family residential uses. Requested Zoning: S -P -2 - Generalized Site Plan District to include personal care facility, nursing care facility, (senior) multi - family residential and (senior) two- family residential uses. Senior Planner Dennis Killough presented Ordinance No. 480 -275a and commented that P &Z recommended approval of this item on March 7, 2002, (5 -1) subject to Concept Plan Review Summary No. 3, dated February 15, 2002. Applicant Ron Howell, Vice President of Veranda Senior Communities, made a presentation and answered questions from the Council. Mr. Howell said the minimum age for the residents of this development would either be 62 or 65 with the exception of married couples where one spouse may be under that age. Also, he agreed to construct a fence along the west side of Owenwood Drive adjacent to Ruby Slayton's property; to work with Mr. Weisman on the bufferyards adjacent to his property; and to remove the third -floor levels of the two buildings discussed at tonight's meeting (being the east and the west wings of the congregate care center) although the east wing will still have a walkway on the third level. The following persons spoke on this item: Josh Wiser, 308 Waterford Court, Southlake, Texas. Spoke in support of this item. Andrea Brankin, SPIN Chairman. She has never seen the SPIN process work as well as it did with this item. She thanked the applicant for his involvement. Jack Weisman, 2607 W. Southlake Boulevard, Southlake, Texas. Spoke in support of this item with concerns related to the bufferyards and the third floors. Wayne Rogers, 2815 W. Southlake Boulevard, Southlake, Texas. Spoke for his grandmother, Ruby Slayton, who is in support of this item. Motion was made to approve Ordinance No. 480 -275a, 1 Reading (ZA01 -124) subject to Concept Plan Review Summary No. 3, dated February 15, 2002, and subject to the representations and agreements made by the applicant tonight which he will put into writing before this comes back to Council at second reading. Motion: Standerfer Second: Potter Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris, Stacy Nays: None Approved: 7 -0 City Council Meeting Minutes, June 4, 2002 Page 4 of 6 • Agenda Item 8B. Ordinance No. 480 -224a, 1 Reading (ZA02 -042) Zoning Change and Concept Plan for Southlake Town Square, located on the south side of SH 114, north side of East Southlake Boulevard, and east side of North Carroll Avenue. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. Requested Zoning: NR -PUD Non - Residential Planned Unit Development District. Senior Planner Dennis Killough presented Ordinance No. 480 -224a and commented that P &Z recommended approval of this item on May 23, 2002, (5 -2) subject to Concept Plan Review Summary No. 2, dated May 17, 2002, with amendments. The Mayor called for a break at 8:55 p.m. to allow the applicant time to set up his presentation and called the meeting back to order at 9:05 p.m. Applicant Brian Stebbins made a presentation and answered questions from the Council. The following persons spoke on this item: Robert Dunaway, 312 Southridge Lakes Parkway, Southlake, Texas. Spoke in opposition with primary concerns being the use of TIF funds, increased traffic, guest parking problems, children using commercial areas for a playground, common wall fire issue, and setting a precedent. Sue Johnson, 308 Lakeside Court, Southlake, Texas. Spoke in opposition with primary concerns being density, building height, and the possibility of children living in the Brownstones. Maria Chase, 600 Cherry Lane, Southlake, Texas. Spoke in opposition with primary concern being the lack of need for this type of housing. Kathleen Boissevain, 910 Carriage Way, Southlake, Texas. Spoke in support — need different types of housing in Southlake. Jim Brosche, 902 Independence Parkway, Southlake, Texas. Spoke in support — an opportunity to keep empty- nester tax dollars within Southlake — allows for optional housing for corporate campus employees — is in favor of well thought out, well - researched growth. Michael Chidiac, 307 Sheffield Drive, Southlake, Texas. Spoke in support — trusts Cooper and Stebbins to do a great job. Terry Castro, 607 Stonebury Drive, Southlake, Texas. Spoke in opposition with primary reasons being possible conversion to apartments at a later date, lack of need for this type of housing, competition with houses already on the market, and Brownstones cannot be sold exclusively to empty- nesters. Roxanne Hughes, 901 Parkview Lane, Southlake, Texas. Spoke in support — Brownstones are an ideal fit — compatible use with existing uses. Mike Toon, 1221 Forest Hills Drive, Southlake, Texas. Spoke in support — topography is not appropriate for office or retail uses. Terry Walter, 907 Westminster Way, Southlake, Texas. Asked Council to limit their approval to the first 35 Brownstones and see how they do. City Council Meeting Minutes, June 4, 2002 Page 5 of 6 Ben Fraiser. Questioned the motivation of the developer as to why residential instead of retail or office. Questioned what the affect would be on police and fire services if approved. Public Comment Cards were also received from the following people who did not speak: Jamie Cadiz, 707 Chaucer Court, Southlake, Texas. In opposition. Rich Prechtel, 905 Independence Parkway, Southlake, Texas. In support. Zena Rucker, 650 S. Carroll Avenue, Southlake, Texas. In support. Dave Boissevain, 910 Carriage Way, Southlake, Texas. In support. After discussing issues regarding density, TIF funds, and setting a precedent for high density, the Council and the applicant agreed to table this item to allow time for further research. Motion was made to table Ordinance No. 480 -224a, 1 Reading (ZA02 -042) to the July 16, 2002, City Council meeting. Motion: Standerfer Second: Stephen Ayes: Potter, Stephen, Evans, Shankland, Morris, Standerfer Nays: Stacy Approved: 6 -1 (to table) Agenda Item No. 12. Adjournment. There being no further business to discuss, the meeting was adjourned at 11:29 p.m. Submitted By: Lori A. Farwell, Administrative Secretary ATTEST: ' ; % Mayor Rick Stacy :�� �. s m w V: �� im iush, Acting City Secretary ** 'llUuuaea" City Council Meeting Minutes, June 4, 2002 Page 6 of 6 ill I vi u PETITION WHEREAS, the undersigned are all owners of Tots in and along North and South Oak Lane (the "City Streets ") in the City of Southlake, Texas (the "City "); WHEREAS, the City acquired the right -of -way for the City Streets in 1995; WHEREAS, in 1999 the City, placed sanitary sewer lines within the City Streets (the "Improvements "); WHEREAS, in 2001 the City, placed water lines within the City Streets (the "Improvements "); WHEREAS, contemporaneously with the construction of the Improvements, the City also provided similar improvements to the Sutton Place trailer park; WHEREAS, the construction of the Improvements required the City Streets to be torn up such that the Improvements could be put in place; WHEREAS, after construction of the Improvements in Sutton Place, the City paved and guttered the public streets therein; WHEREAS, completion of the installation of the Improvements in the City Streets was accomplished approximately two (2) years ago, but the City has yet to repair and replace the City Streets; WHEREAS, notwithstanding numerous calls, the City has failed and refused to bring the City Streets up to City standards -- despite the fact that it was the reason for them being tom up; NOW THEREFORE, the undersigned, being residents and /or lot owners and taxpayers within the City, hereby demand that the City meet its obligations to the owners and residents of the Tots adjoining the City Streets, by promptly repairing and /or replacing the City Streets such that they will meet standards equal to that of other newly developed public streets within the City. 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