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2003-01-21 Regular CC Meeting CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: January 21, 2003 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 551.087. 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. David A. Gray vs. City of Southlake. b. Richard W. Hart vs. City of Southlake. c. Seek advice of city attorney regarding pavement distress issues. d. Seek advice of city attorney regarding Town Square Developer's Agreement. e. Seek advice of city attorney regarding meeting absences. 2. Section 551.072 Deliberation Regarding Real Property a. Value of city property located at F.M. 1709 and Pearson Lane. 3. Section 551.087 Deliberation Regarding Economic Development Negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. A. INVOCATION: Chaplain of the month, David Whitington, Christ Our King Church B. PRESENT COLORS AND PLEDGE OF ALLEGIANCE: Boy Scout Troop #434 4. REPORTS: City of Southlake City Council Meeting Agenda January 21, 2003 Page 2 of 6 A. Mayor's Report B. City Manager's Report C. Keep Southlake Beautiful 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 regular meeting held on January 7, 2003, and the minutes of the City Council work session held on January 6, 2003. B. Approval of 2003 Facilities Utilization Agreement with Southlake Baseball Association (SBA). C. Approval of 2003 Facilities Utilization Agreement with Southlake Girls Softball Association (SGSA). D. Approval of 2003 Facilities Utilization Agreement with Southlake Carroll Lacrosse Association (SCLA). E. Approval of 2003 Facilities Utilization Agreement with Grapevine — Southlake Soccer Association (GSSA). F. Resolution No.03 -002, Supporting Texas Parks and Wildlife Department's grant program for land acquisition and park development. G. Resolution No. 03 -003, Supporting the establishment of the Corps of Engineers lease area and portions of Bob Jones Park as the site of a future Nature Center to assist with funding opportunities, planning efforts, and public education initiatives. H. Approval of Agreement for Community Services with Keep Southlake Beautiful. I. Ordinance No. 839, 1 Reading, Changing street names of Oaklane North and Oaklane South to Pin Oak Circle. (If approved on first reading a public hearing will be held on February 4, 2003.) J. Variance to Subdivision Ordinance No. 483, Section 3.03.D22, as amended, requiring dedication of utility easements along the perimeter boundary of subdivision plats as it pertains to Case ZA02 -122, Plat Showing for Lot 3, J.W. Chivers No. 350 Addition. City of Southlake City Council Meeting Agenda January 21, 2003 Page 3 of 6 REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -224a, 2 °a 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. PUBLIC HEARING B. ZA02 -043, Development Plan for Southlake Town Square, Phase IV, located on the east side of Central Avenue, north side of East Southlake Boulevard and the south side of State Highway 114. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8. PUBLIC HEARING C. ZA02 -044, Preliminary Plat for Southlake Town Square, Phase IV, located on the east side of Central Avenue, north side of East Southlake Boulevard and the south side of State Highway 114. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. Requested Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8. D. Resolution No. 03 -008, Amendment to the currently adopted Land Use Plan creating a new land use category to be known as "Town Center" to be generally located in an area bounded by State Highway 114, North Kimball Avenue, East Southlake Boulevard (FM 1709) and North Carroll Avenue. PUBLIC HEARING E. Ordinance No. 480 -SS, 2 °a Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of a `Downtown' Zoning District. PUBLIC HEARING F. Resolution No. 03 -011, Approving Downtown District Design Guidelines as it pertains to development in the Downtown Zoning District. G. Ordinance No. 480 -410, 2' Reading (ZA02 -104) Zoning 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: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING H. Ordinance No. 480 -415, 2 Reading (ZA02 -107) Zoning Change for Pecan Creek on property described as a portion of Lot 2B, Dilg Place and being approximately 0.11 acres. The property is located at 711 East Southlake Boulevard (FM 1709). City of Southlake City Council Meeting Agenda January 21, 2003 Page 4 of 6 Current Zoning: C -2 Local Retail Commercial District. Requested Zoning: 0-1 Office District. SPIN Neighborhood #9e. PUBLIC HEARING I. Ordinance No. 480 -412, 2nd Reading (ZA02 -097) Zoning Change for Tract 2A1A, A.A. Freeman Survey, Abstract No. 522 and Lot 2, A.A. Freeman No. 522 Addition being approximately 1.6 acres located at 545 and 565 North Peytonville Avenue. Current Zoning: AG Agricultural District and SF -30 Single Family Residential District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #13. PUBLIC HEARING J. Ordinance No. 480 -413, 2nd Reading (ZA02 -098) Zoning Change for Tract No. 9D3, John J. Freshour Survey, Abstract No. 521 located at 2391 Florence Road, being approximately 2 acres. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #15. PUBLIC HEARING K. Ordinance No. 480 -414, 2nd Reading (ZA02 -101) Zoning Change for Tract No. 2, William Martin Survey, Abstract No. 1068 located at 1850 Randol Mill Avenue, being approximately 10.12 acres. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #12. PUBLIC HEARING L. ZA02 -113, Site Plan for Texas Bank of Southlake on property located on the north side of West Southlake Boulevard (FM 1709), approximately 300' east of the intersection of Randol Mill Avenue and West Southlake Boulevard (FM 1709). Current Zoning: C -2 Local Retail Commercial District. SPIN Neighborhood # 13. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480 -231 a, 1 Reading (ZA02 -094) Zoning Change and Revised Site Plan for Meadow Brook Medical Air Services on property located at 1250 West Southlake Boulevard (FM 1709), being approximately 1.34 acres. Current Zoning: S -P -1 Detailed Site Plan District Regulations with 0-1 Office District uses. Requested Zoning: S -P -1 Detailed Site Plan District Regulations with 0-1 Office District uses to include an allowance for additional storage building. SPIN Neighborhood # 13. (If approved on first reading a public hearing will be held on February 4, 2003.) B. Ordinance No. 480 -416, 1 Reading (ZA02 -115) Zoning Change for property located at 811 South White Chapel Boulevard, being approximately 2.4 acres. Current Zoning: RE Residential Estate District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood # 9W. (If approved on first reading a public hearing will be held on February 4, 2003.) City of Southlake City Council Meeting Agenda January 21, 2003 Page 5 of 6 C. Ordinance No. 842, 1 Reading, finding, after reasonable notice and hearing, that TXU Gas distribution's rates and charges within the city should be changed; determining just and reasonable rates; adopting general service rates including rate adjustment provisions and miscellaneous service charges to be charged for sales and transportation of natural gas to residential, commercial and industrial customers; providing for recovery of rate case expenses; preserving regulatory rights of the city; providing for repeal of conflicting ordinance' providing for an effective date. (If approved on first reading a public hearing will be held on February 4, 2003.) 9. Resolutions: A. Resolution No. 03 -007, Amending the Verizon Wireless Tax Abatement Agreement. 10. Other items for consideration: (no items this agenda) 11. Other items for discussion: (no items 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, Texas, on Friday, January 17, 2003, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. r ��,,,,,,,,, „��, ss` 0T ,.! • f .. 1 !/ 1r :Vs Lori A. Farwell I °!'' g . • City Secretary •1•. • •• * If you plan to attend this public meeting and •• liatia wavy t 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 January 21, 2003 Page 6 of 6 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. City of Southlake vs. Timarron et.al. May 2001. 3. Oakmont Enterprises, Inc., vs. City of Southlake, and Sabre, Inc. January 2002. 4. Leona and Raymond Fox vs. City of Southlake. April 2002. 5. David A. Gray vs. City of Southlake. April 2002. 6. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 7. Richard W. Hart vs. City of Southlake. September 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 551.087 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 January 21, 2003 MINUTES CITY COUNCIL PRESENT: Mayor Rick Stacy, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Greg Standerfer; Councilmembers: Carolyn Morris, Rex Potter and Tom Stephen. CITY COUNCIL ABSENT: Councilmember Keith Shankland. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Assistant to the City Manager John Eaglen, Planning Director Bruce Payne, Senior Planner Dennis Killough, Public Works Director Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Finance Director Sharen Elam, Economic Development Director Greg Last, Economic Development Specialist Betsy Boyett, Director of Public Safety Rick Black, Human Resources Director Kevin Hugman, Acting Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Senior Parks Planner Chris Carpenter, Recreation Supervisor Steve Moore, Manager of Technical Services Gary Gregg, Chief of Police Marlin Price, Professional Standards Coordinator Robert Finn, Secretary to the City Manager Kim Bush, Deputy City Secretary Tara Brooks, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Stacy at 5:42 p.m. City Council reviewed the agenda items with city staff and applicants. Council asked staff to amend the residential planned unit development (RPUD) zoning district and suggested researching the following areas: creating a minimum lot size, allowing no attached residential development, and removing references to townhouses and apartments. They also asked staff to verify that any changes to the RPUD district would not affect currently zoned RPUD properties. REGULAR SESSION: Agenda Item No. 1, Call to order. The regular session was called to order by Mayor Stacy at 6:20 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 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding personnel matters; Section 551.076, deliberation regarding security devices; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:20 p.m. Executive Session began at 6:32 p.m. and ended at 7:23 p.m. Agenda Item No. 2B, Reconvene: City Council reconvened the regular meeting at 7:37 p.m. CITY COUNCIL MEETING MINUTES, JANUARY 21, 2003, PAGE 1 OF 12 ' Motion was made to send case ZA01 -082 back to the Planning and Zoning Commission for reconsideration of the application, as discussed in Executive Session. Motion: Standerfer Second: Evans Ayes: Stephen, Evans, Standerfer, Stacy Nays: Morris, Potter Approved: 4 -2 The Mayor announced that Councilmember Keith Shankland will miss tonight's meeting due to the fact that he has to work and that his absences for this meeting and the Council's previous meeting would be excused. Agenda Item No. 3A. The invocation was presented by David Whitington of Christ Our King Church. Agenda Item No. 3B. The Pledge of Allegiance was led by Boy Scout Troop #434. A 30- second message to parents from the Drug and Alcohol Awareness Committee was presented. Agenda Item No. 4, Reports: A. Mayor's Report: The Mayor announced upcoming meetings and events. He announced that the 4th DPS Citizen's Academy will begin on February 6 and to call the Department of Public Safety to enroll. B. City Manager's Report: None. C. Keep Southlake Beautiful Report: Rosemary Hutchins made a presentation to Council and announced that Keep Southlake Beautiful will present an award to the city at the February 4, 2003, Council meeting. Consent Agenda: 5A. Approval of the minutes of the City Council regular meeting held on January 7, 2003, and the minutes of the City Council work session held on January 6, 2003. Approved as presented. 5B, 5C, 5D, and 5E. Approval of 2003 Facilities Utilization Agreements with Southlake Baseball Association (SBA), Southlake Girls Softball Association (SGSA), Southlake Carroll Lacrosse Association (SCLA), and Grapevine - Southlake Soccer Association (GSSA). Park and Recreation staff met with all four youth sports associations: Southlake Baseball Association (SBA), Southlake Girls Softball Association (SGSA), Southlake Carroll Lacrosse Association (SCLA), and Grapevine Southlake Soccer Association (GSSA) to discuss the attached Facility Utilization Agreements (FUA). These agreements address a number of contractual issues between the City and the youth sports associations. There were only minor changes to the agreements to clarify and address litter clean up, additional field preparation details, energy conservation, and a provision for the City to have the ability to renew each agreement for an additional twelve month period. The Parks and Recreation Board unanimously approved the facility utilization agreements at their January 13, 2003, meeting. CITY COUNCIL MEETING MINUTES, JANUARY 21, 2003, PAGE 2 OF 12 5F. Resolution No.03 -002, Supporting Texas Parks and Wildlife Department's grant program for land acquisition and park development. Resolution No. 03 -002 supports the Texas Parks and Wildlife Department's grant program for park land acquisition and the development of park and recreation facilities. Funded through a State tax on sporting goods, the Texas Recreation and Parks Account is the local park matching grant program administered by the Texas Parks & Wildlife Department (TPWD). Staff at the Texas Parks & Wildlife Department (TPWD) restructured the local park grant program in 1999. Public hearings were held around the state and TPWD staff listened to comments on how the program could be administered fairly, and the grant program was changed accordingly. The proposed resolution is in response to actions taken by legislators at the end of the 77 Legislative Session, when $2.4 million was approved for four (4) local park projects utilizing funds from the Texas Recreation and Parks Account. The money allocated directly by the Legislature was approved without going through the Texas Parks and Wildlife Department grant process that cities have historically been required to go through. By tapping funds from the Texas Recreation and Parks Account for special projects, legislators circumvented the grant process. The proposed resolution was recommended for approval by Parks Board at their January 13, 2003, meeting. The resolution urges State Legislators to allow the Texas Parks & Wildlife Department to continue to manage the Texas Recreation and Parks Account according to the recognized process. Numerous cities throughout the State have approved or are considering a similar resolution. 5G. Resolution No. 03 -003, Supporting the establishment of the Corps of Engineers lease area and portions of Bob Jones Park as the site of a future Nature Center to assist with funding opportunities, planning efforts, and public education initiatives. The Corps of Engineers property and portions of the adjacent Bob Jones Park property have been shown in prior and current master planning by the city and Corps to be suitable for low intensity, passive recreational uses, such as walking, hiking, jogging, horseback riding, bird watching, and similar activities. When the Nature Center Development Committee (NCDC) presented their findings to the Park Board in October of last year, they recommended a mechanism similar to this Council resolution to support an area for a future Nature Center to assist with grant applications, more specific site study, and to provide near -term public education initiatives. This resolution, if approved by Council, will support the use of Corps of Engineers property and portions of the adjacent Bob Jones Park property as the base for such a Nature Center. The Park Board unanimously approved a recommendation of support for this item at their January 13, 2003, meeting, noting that the portion of city -owned Bob Jones Park property available for the nature center activities would be determined by further study. Councilmember Potter commented that this property would be useful for several different groups and final determination of its exact use is not being made at this point in time. It needs to be examined further, and this resolution does not restrict its use in any way. CITY COUNCIL MEETING MINUTES, JANUARY 21, 2003, PAGE 3 OF 12 5H. Approval of Agreement for Community Services with Keep Southlake Beautiful. Keep Southlake Beautiful (KSB) is a non - profit, community -based organization that first entered into an agreement with the City of Southlake in 1994. KSB currently provides many services to the community including educational programs, environmental awareness, and the implementation of the adopt -a- street program for Southlake city streets and right -of -ways. KSB has requested $4,000 for FY 2002 -2003 to support KSB programs as outlined in the agreement. There are no significant changes to the agreement since the previous year's agreement. 5I. Ordinance No. 839, 1S` Reading, Changing street names of Oaklane North and Oaklane South to Pin Oak Circle. A proposal has been made to re -name Oak Hill Mobile Home Estates to Pin Oak Estates to eliminate confusion. The related street name change suggested is Pin Oak Circle. Property owners along Oak Lane North and Oak Lane South have been notified of this proposed street name change. The cost of each street sign including installation is approximately $220, and two signs will be needed which will cost a total of $440. 5J. Variance to Subdivision Ordinance No. 483, Section 3.03.D22, as amended, requiring dedication of utility easements along the perimeter boundary of subdivision plats as it pertains to Case ZA02 -122, Plat Showing for Lot 3, J.W. Chivers No. 350 Addition. This is a single tract of land approximately 10 acres in size located on the east side of N. White Chapel Boulevard, approximately 300' south of Sweet Street. The current zoning on the property is AG, the Land Use Designation is "Low Density Residential" and there is no proposal to change the zoning or further subdivide the tract. The applicant is planning to build a new home on the property and is required to file a plat prior to the building permit being issued. As a part of the platting, the Subdivision Ordinance requires dedication of general utility easements along the perimeter boundary where a 10' easement on the adjacent property does not already exist, regardless of whether an easement is actually needed. The City has no specific need for utility easements through this property and since this is to remain a single tract, there are no new lots requiring the extension of utility services. If other adjoining tracts are further subdivided, the required utility easements can be provided as part of their subdivision plat. The applicant has contacted the applicable franchise utility companies and has addressed service needs to his property. Staff sees the current general requirements for utility easements as a potential problem, especially in light of recent utility company de- regulation and where tree preservation is a concern. The staff would like direction from the City Council in bringing forward a Subdivision Ordinance amendment in the near future to address this issue. 7A. 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 (F.M. 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. Tabled to the February 4, 2003, City Council meeting. 7B. ZA02 -043, Development Plan for Southlake Town Square, Phase IV, located on the east side of Central Avenue, north side of East Southlake Boulevard and the south side of State CITY COUNCIL MEETING MINUTES, JANUARY 21, 2003, PAGE 4 OF 12 Highway 114. Current Zoning: NR -PUD — Non - Residential Planned Unit Development District. SPIN Neighborhood #8. Tabled to the February 4, 2003, City Council meeting. 7C. ZA02 -044, Preliminary Plat for Southlake Town Square, Phase IV, located on the east side of Central Avenue, north side of East 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 February 4, 2003, City Council meeting. 7D. Resolution No. 03 -008, Amendment to the currently adopted Land Use Plan creating a new land use category to be known as " Town Center" to be generally located in an area bounded by State Highway 114, North Kimball Avenue, East Southlake Boulevard (FM 1709) and North Carroll Avenue. Tabled to the February 4, 2003, City Council meeting. 7E. Ordinance No. 480 -SS, 2 ❑ Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of a `Downtown' Zoning District. Tabled to the February 4, 2003, City Council meeting. 7F. Resolution No. 03 -011, Approving Downtown District Design Guidelines as it pertains to development in the Downtown Zoning District. Tabled to the February 4, 2003, City Council meeting. 7G. Ordinance No. 480 -410, 2nd Reading (ZA02 -104) Zoning and Concept Plan for Southlake Town Square. Tabled to the February 4, 2003, City Council meeting. 8A. Ordinance No. 480-231a, 1 Reading (ZA02 -094) Zoning Change and Revised Site Plan for Meadow Brook Medical Air Services. The property is located at 1250 West Southlake Boulevard directly east of the South Ridge Lakes Amenity Center. The purpose of this request is to receive approval of a revised zoning and site plan to allow for construction of a 1,800- sq.11. records storage building to be located in the far rear portion of the property. The change of zoning and plan retains all uses, regulations and conditions of the original S- P-1 zoning with the exception of allowing the records storage building and a 25' building setback from the north property line. The residential adjacency regulations require a minimum 40' setback for the proposed building. The Planning and Zoning Commission recommended approval subject to review and specifically granting variance requests for 74% impervious coverage and 25' rear setback; limiting storage material to paper records; and requiring additional landscape screening on the north side of the building. The applicant had initially requested a maximum impervious coverage of 74 %, where the Zoning Ordinance allows a maximum of 65 %. Following the P & Z's action on this item, it was discovered that the applicant's calculations on impervious coverage were incorrect. The site is in compliance with the maximum 65% permitted. The impervious coverage as proposed is approximately 61 %. The request to allow a maximum of 74% has been withdrawn. 8B. Ordinance No. 480 -416, 1S Reading (ZA02 -115) Zoning Change for property located at 811 South White Chapel Boulevard. The purpose of this request is to change the zoning from RE Residential Estate District to SF -1A Single Family Residential District. The lot currently does not comply with the lot size and lot width requirements of the RE zoning district. The applicant would also like the benefit of the 20' Side Yard /Building Setback CITY COUNCIL MEETING MINUTES, JANUARY 21, 2003, PAGE 5 OF 12 of the SF -1A district to allow placement of a garage rather than the 25' Side Yard /Building Setback of the RE district. The Planning and Zoning Commission recommended approval on January 9, 2003. 8C. Ordinance No. 842, 1 Reading, finding, after reasonable notice and hearing, that TXU Gas distribution's rates and charges within the city should be changed; determining just and reasonable rates; adopting general service rates including rate adjustment provisions and miscellaneous service charges to be charged for sales and transportation of natural gas to residential, commercial and industrial customers; providing for recovery of rate case expenses; preserving regulatory rights of the city; providing for repeal of conflicting ordinance' providing for an effective date. On March 1, 2002, TXU Gas Distribution Company filed a Statement of Intent with 111 cities to increase the rates charged for natural gas service with an effective date of April 5, 2002. On April 1, 2002, City Council approved Resolution No. 02 -023 to suspend the effective date of the proposed new rates for 90 days to evaluate the reasonableness of existing rates and the merits of TXU'S proposed changes. Southlake participated with other municipalities (51 cities) in a comprehensive review of TXU Gas Distribution's application. The consultants and counsel retained by the coalition of cities recommended denial of the Company's application based upon a report from consultants demonstrating that the revenue requirement of the North Texas Metroplex Distribution System is being met under current rates. Also, the Gas Utilities Regulatory Act provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility. On June 18, 2002, approved Resolution 02 -042 to formally deny TXU's application for a rate increase and requested prompt reimbursement of all rate case expenses. Ordinance No. 842 represents the settlement terms and conditions for resolution of TXU Distribution Gas Rate Case (GUD No. 9313). The consultants and counsel retained by the coalition of cities recommended for all cities to approve the Agreement in Principle (Ordinance No. 842). The understanding with TXU is that it is "all or nothing," and thus, there is no risk that a city can potentially hold out for a better deal. The new rates will become effective on bills rendered after February 1, 2003. The second reading is not scheduled until February 4, 2003, meeting so the first reading is the time to address any concerns with the agreement. 9A. Resolution No. 03 -007, Amending the Verizon Wireless Tax Abatement Agreement. Resolution No. 03 -007 is an amendment to the tax abatement agreement for Verizon Wireless Network Observation and Control Center. The only item being amended is the employment threshold for the facility, reducing it from 400 employees to 300 employees. Due to unique economic circumstances, Verizon has requested this modification to efficiently populate the new facility. They do have the ability to relocate additional staff from the Westlake facility to the Southlake facility to meet the threshold if required, but this would not be efficient for them in the allocation of their personnel at this time. All things are going well on the project, with an expected occupancy around the first of May, 2003. During work session, Verizon Project Manager Ken Unger provided Council with a brief update on the progress of their project. CITY COUNCIL MEETING MINUTES, JANUARY 21, 2003, PAGE 6 OF 12 Motion was made to approve consent agenda items 5A; 5B; 5C; 5D; 5E; 5F; 5G; 5H; 5I; 5J; 7A to table; 7B to table; 7C to table; 7D to table; 7E to table; 7F to table; 7G to table; 8A subject to Revised Site Plan Review Summary No. 3, dated January 17, 2003; 8B; 8C; and 9A. Motion: Standerfer Second: Evans Items 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H, 5J, 8A, 8B, 8C, 9A: Ayes: Evans, Morris, Standerfer, Potter, Stephen, Stacy Nays: None Approved: 6 -0 Item 5I: Ayes: Evans, Morris, Potter, Stephen, Stacy Nays: Standerfer Approved: 5 -1 Items 7A to table; 7B to table; 7C to table; 7D to table; 7E to table; 7F to table; 7G to table: Ayes: Evans, Morris, Standerfer, Stephen, Stacy Nays: Potter Approved: 5 -1 REGULAR AGENDA Agenda Item 6. Public Forum. Betsy Horowitz, 6001 Regency Crossing, Southlake, Texas. Stated her concerns about Dave Lieber's recent newspaper column regarding the ethics ordinance and Councilmember Standerfer. She asked each of the Councilmembers to agree to higher standards and to tighten up the ethics ordinance. Scott Dyche, 1110 Fontaine, Southlake, Texas. Discussed the ethics ordinance and Councilmember Standerfer. He said that every vote Councilmember Standerfer participated in on the Brownstones has been tainted and suggested that the Council start from the beginning on the Brownstone issue. He asked Councilmember Standerfer to resign his position from the Council. Leigh Renger, 850 Wildwood, Southlake, Texas. She mentioned some areas where she believes there to be a conflict of interest regarding certain Councilmembers: Councilmember Stephen's one -page ad discussing the Brownstones; Councilmember Standerfer's votes in support of Town Square; and Councilmember Potter's campaign platform promoted low density but stated that he has voted in favor of high density. Richard Sandow, 1750 Sleepy Hollow Trail, Southlake, Texas. Stated his concerns about Dave Lieber's recent newspaper column regarding the ethics ordinance and Councilmember Standerfer. He is not suggesting that anyone on Council voted on items while in a state of conflict but feels that very poor judgment was shown in this case. In the future, he asked that Council disclose any connection with any agenda item ahead of time in a public meeting and then vote their conscience. CITY COUNCIL MEETING MINUTES, JANUARY 21, 2003, PAGE 7 OF 12 Terry Walter, 907 Westminster Way, Southlake, Texas. He asked for a change in the City Charter so that everything smaller than SF -20 zoning goes before the voters every May. That way the residents can decide what density they want in Southlake. Councilmember Morris said the Council needs to review and tighten up the ethics ordinance. Although she realizes the local chaplains reviewed the ordinance previously, she thinks it is the Council's responsibility to step forward and review this ordinance in open work sessions with input from the public. Deputy Mayor Pro Tem Standerfer said he is not employed by Town Square. He does not hold any part of any interest in any entity that has developed any part of Town Square. He said the people that oppose the Brownstone development will do whatever they can to oppose the development. Agenda Item No. 7H. Ordinance No. 480 -415, 2' Reading (ZA02 -107) Zoning Change for Pecan Creek. Senior Planner Dennis Killough presented this item to Council. The property is located at 711 E. Southlake Boulevard, east of the Villages at Timarron, and is part of the Pecan Creek retail and office concept plan that was approved in October of 2001. The approved concept plan contained a C -2 retail lot at the northwest corner of the property with 0-1 office on the remaining lots. The developer has reduced the size of the original C -2 lot boundary, leaving a portion of C -2 zoned property in the adjoining 0-1 lot boundary. Since two zonings cannot be within one lot (known as split lot zoning) a change to 0-1 is required. This request does not make any other significant changes being made to the original concept plan. The Planning and Zoning Commission recommended approval on December 19, 2002. The City Council approved first reading on consent on January 7, 2003. There have been no changes since the first reading of the Council. No one spoke 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 AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS BEING A PORTION OF LOT 2B, BLOCK 1, DILG PLACE SUBDIVISION, AND BEING APPROXIMATELY 0.1107 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -2" LOCAL RETAIL COMMERCIAL DISTRICT TO "0-1" OFFICE DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING CITY COUNCIL MEETING MINUTES, JANUARY 21, 2003, PAGE 8 OF 12 FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 480 -415, 2 Reading. Motion: Standerfer Second: Stephen Ayes: Morris, Standerfer, Potter, Stephen, Evans, Stacy Nays: None Approved: 6 -0 Agenda Item No. 7I. Ordinance No. 480 -412, 2 Reading, (ZA02 -097) Zoning Change for Tract 2A1A, A.A. Freeman Survey, Abstract No. 522 and Lot 2, A.A. Freeman No. 522 Addition. Senior Planner Dennis Killough presented this item to the Council. The property is 1.6 acres located at 545 and 565 N. Peytonville Avenue. The current zoning is SF -30 and AG. The purpose of this request is to place SF -1A Single Family Residential District zoning on two properties so that they can be combined into a single residential lot for construction. A plat revision combining the two properties is being processed concurrently with this request (ZA02- 102). There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval on December 19, 2002. The City Council approved first reading on consent on January 7, 2003. There have been no changes since the first reading of the Council. No one spoke 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 AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS BEING LOT 2, A.A. FREEMAN NO. 522 ADDITION AND TRACT 2A1A, SITUATED IN THE A.A. FREEMAN SURVEY, ABSTRACT NO. 522, AND BEING APPROXIMATELY 1.47 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "SF -30" SINGLE FAMILY RESIDENTIAL DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. CITY COUNCIL MEETING MINUTES, JANUARY 21, 2003, PAGE 9 OF 12 Motion was made to approve Ordinance No. 480 -412, 2 Reading. Motion: Standerfer Second: Stephen Ayes: Standerfer, Potter, Stephen, Evans, Morris, Stacy Nays: None Approved: 6 -0 Agenda Item No. 7J. Ordinance No. 480 -413, 2nd Reading, (ZA02 -098) Zoning Change for Tract No. 9D3, John J. Freshour Survey, Abstract No. 521. Senior Planner Dennis Killough presented this item to the Council. The property is approximately two acres located on the south side of Florence Road approximately 420 feet from Randol Mill. The current zoning on the property is AG. The purpose of this request is to place SF -1A Single Family Residential District zoning on the property for the construction of a private residence. The Planning and Zoning Commission recommended approval on December 19, 2002. The City Council approved the first reading on consent on January 7, 2003. There have been no changes since the first reading of the Council. No one spoke 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 AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 9D3, SITUATED IN THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 521, BEING 1.987 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 480 -413, 2 Reading. Motion: Standerfer Second: Evans Ayes: Potter, Stephen, Evans, Morris, Standerfer, Stacy Nays: None Approved: 6 -0 Agenda Item No. 7K. Ordinance No. 480 -414, 2 Reading, (ZA02 -101), Zoning Change for Tract No. 2, William Martin Survey, Abstract No. 1068. Senior Planner Dennis Killough CITY COUNCIL MEETING MINUTES, JANUARY 21, 2003, PAGE 10 OF 12 presented this item to the Council. This property is approximately 10 acres located at 1850 Randol Mill Avenue. The current zoning is AG. The purpose of this request is to place SF -1A single family residential zoning on the property for residential development. The Planning and Zoning Commission recommended approval on December 19, 2002. The City Council approved the first reading on consent on January 7, 2003. There have been no changes since the first reading of the Council. No one spoke 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 AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 2, SITUATED IN THE WILLIAM MARTIN SURVEY, ABSTRACT NO. 1068, BEING APPROXIMATELY 10.12 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 480 -414, 2 Reading. Motion: Standerfer Second: Evans Ayes: Stephen, Evans, Morris, Standerfer, Potter, Stacy Nays: None Approved: 6 -0 Agenda Item No. 7L. ZA02 -113, Site Plan for Texas Bank of Southlake. Senior Planner Dennis Killough presented this item to the Council. The property is located on the north side of West Southlake Boulevard, approximately 300' east of the intersection of Randol Mill Avenue and West Southlake Boulevard. This is the retail commercial C -2 lot approved as part of the Concept and Site Plan for the DPS West site. The site plan proposes a 3,500 - sq.ft. bank building with four drive- through bays. The plan complies with the approved concept plan and there are no variances being requested. The Planning and Zoning Commission recommended approval subject to review, on January 9, 2003. Public Hearing: CITY COUNCIL MEETING MINUTES, JANUARY 21, 2003, PAGE 11 OF 12 Applicant Tom Pervis informed Council that all four sides of the bank are cut stone and natural stone veneer. Motion was made to approve ZA02 -113, Site Plan for Texas Bank of Southlake subject to Site Plan Review Summary No. 2, dated January 3, 2003. Motion: Standerfer Second: Stephen Ayes: Evans, Mon Standerfer, Potter, Stephen, Stacy Nays: None Approved: 6 -0 Councilmember Morris said she feels like Council needs to move forward quickly in reviewing the ethics ordinance. Agenda Item 12. Meeting Adjourned. There being no further business to discuss, the meeting was adjourned at 8:33 p.m. IStacy Mayor ;•` ••` , T ATTEST: ,, %,.;F;' • o A AA - A 0 /0 >- Lori A. Farwell City Secretary * � * - �,��,, CITY COUNCIL MEETING MINUTES, JANUARY 21, 2003, PAGE 12 OF 12