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Item 4BCity of Southlake, Texas WI u•;:►IMMu May 26, 2004 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 June 1, 2004 4C. SPIN Report The SPIN Standing Committee respectfully submits a written report summarizing the May meeting and other current issues for your review. Contact John Eaglen with questions on this agenda item. 4D. Library Board Report The Library Board respectfully submits a written report summarizing the May meeting and other current issues for your review. Contact Kerry McGeath with questions on this item. 4E. Park and Recreation Board Report. Mary Georgia will present the Park and Recreation Board report. 4F. Local Business Report The Economic Development Department will introduce Jim Morgan, General Manager for Drexel Heritage. 5A. Approve minutes for the May 18, 2004, regular City Council meeting and for the May 25, 2004, special City Council meeting_ The minutes are included in your packet. Contact Lori Farwell with questions or comments. 5B. Resolution No. 04 -034, Appoint the Mayor Pro Tem and the Deputy Mayor Pro Tem. As stated in the Charter, Section 2.07 Mayor Pro Tem and Deputy Mayor Pro Tem: "At the first meeting after each general election or general election run -off, if any, or as soon thereafter as practicable, the Mayor shall, with the approval of the Council, appoint one of the Council members as Mayor Pro Tem and one as Deputy Mayor Pro Tem who shall hold their offices for one year. The Mayor Pro Tem shall perform the duties of Mayor in case of the absence or disability of the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 1, 2004 Page 2 of 12 Mayor. In case of absence or disability of both the Mayor and the Mayor Pro Tem, the Deputy Mayor Pro Tern shall perform the duties of Mayor." This item has been placed on the agenda so that these positions can be filled. Contact the Mayor with questions on this item. 7A. Ordinance No. 865, Approving and authorizing the Issuance of Certificates of Obligation, Series 2004 On May 4, 2004 the Council approved Resolution No. 04 -029. This authorized the publication of a notice in the newspaper of the city's intent to issue certificates of obligation. The certificates are issued and approved by adoption of an ordinance. Approval of Ordinance No. 865 will set in motion the legal requirements to obtain the proceeds. After approval, the legal documents must be reviewed by the Texas Attorney General's Office. The City would receive funding in early July. The proceeds from the bonds will be used for street and storm drainage projects included in the approved 2003 -04 capital improvement budget. The debt will be repaid through the City's ad valorem tax rate. Both this item and the next item (713) require only one reading with a public hearing. Contact Sharen Elam with questions on this item. 7B. Ordinance No. 866, Approving and authorizing the Issuance of Certificates of Obligation, Series 2004A. On May 4, 2004 the Council approved Resolution No. 04 -030. This authorized the publication of a notice in the newspaper of the city's intent to issue certificates of obligation. The certificates are issued and approved by adoption of an ordinance. Approval of Ordinance No. 866 will set in motion the legal requirements to obtain the proceeds. After approval, the legal documents must be reviewed by the Texas Attorney General's Office. The City would receive funding in early July. The proceeds from the bonds will be used for water and sewer projects included in the approved 2003 -04 capital improvement budget. The debt will be repaid through the utility fund's revenue. Contact Sharen Elam with questions on this item. 7C. Ordinance No. 480 -436, 2" d Reading (ZA04 -006) Zoning Change and Site Plan for Tamer Office Building The existing building on the property was previously used first as the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 1, 2004 Page 3 of 12 Timarron and then Aventerra information center. The new owner is a Timarron resident who would like to move his consulting business to this location. There are no new improvements proposed by this request. The applicant has limited the type of office uses to be permitted as indicated in the zoning proposal, and has entered into an agreement with the Timarron Home Owners Association to address some other neighborhood concerns. Variances to allow a ± 1 foot encroachment of existing parking space pavement into the bufferyard along East Continental Boulevard, and to eliminate a required 5 foot type `A' bufferyard along the south portion of the property lying within a retention pond are being requested. Staff has included a link in the staff report to the zoning and use history of this property. The Planning and Zoning Commission recommended approval (6 -0) subject to the review letter, as presented with regard to variances requested and proposed uses. They also stipulated that the floor area remain at its existing 2,661 square feet and that the signage be limited to those existing on the property. The City Council approved the first reading (7 -0) subject to the Planning and Zoning Commission's recommendation. There have been no changes to this request since the first reading. Contact Bruce Payne or Dennis Killough with questions regarding this item. 7D. Ordinance No. 480 -438, 2 nd Reading (ZA04 -022) Zoning Change for 880 South Carroll Avenue This 2.447 acre property is located on the west side of South Carroll Avenue, just north of the intersection of Breeze Way. This property was added to the Timarron RPUD by a zoning amendment and concept plan in April 1991. The southern portion of this property was proposed as part of an assisted living facility in a zoning amendment and concept plan proposed in March 1996. The assisted living facility was removed from the plan prior to final approval. This property was never included in any later development plans for the adjacent residential properties and by itself does not meet the minimum 20 acre area required for a residential development plan. The property owner is requesting to change the zoning to SF-IA Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 1, 2004 Page 4 of 12 single family residential district to allow construction of a single family residence. There are no unresolved issues with this request. The Planning and Zoning Commission recommended approval (6 -0). The City Council approved the first reading (7 -0). There have been no changes since the first reading. Contact Bruce Payne or Dennis Killough with questions regarding this item. 8A. Ordinance No. 867, 1St Reading, Chang the street name of Pin Oak Circle to Tuscan Ridge Circle This is the public street fronting the lots of the former Oak Lane mobile home park currently being redeveloped for single family, detached residential construction. The developer wants to change the name for marketing purposes. Contact Bruce Payne or Dennis Killough with questions regarding this item. 8B. Ordinance No. 480 -439, 1 St Reading_(ZA04 -021) Zoning Change and Concept Plan for proposed Lots 1, 2R1, 3, 4, and 5, Block 5, Cornerstone Business Park This property is located south of Ultimate Electronics along the east side of South Nolen Drive. The southeastern 9.3 acre portion of this property is currently zoned S -P -2 with limited I -1 uses allowing for two office - warehouse buildings totaling approximately 110,000 square feet. This proposal will add an additional 23 acres of property currently zoned AG to the northwest portion of the Cornerstone Business Park. Five buildings and lots are proposed. The total floor area is approximately 126,000 square feet. Because this is a concept plan and is intended to show general building pads, the applicant is requesting that the represented floor area be permitted to fluctuate plus or minus 10 percent. The exact floor areas and building designs will be determined as part of a Planning and Zoning Commission and City Council approved site plan for each lot. The northern lot containing a 30,000 square foot building is designated for C- 2 and limited I -1 uses. The remaining four southern lots are designated for limited I -1 uses. The proposed I -1 uses are the same as those under the current S -P -2 zoning in place on the southeastern 9.3 acres. The proposed uses and regulations are as follows: Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 1, 2004 Page 5 of 12 • Permitted Uses — Lot I shall permit C -2 local retail commercial district uses. Lots 1 — 5 shall permit health and physical fitness centers and gymnasiums, not to exceed 16,000 square feet, and the following I -1 light industrial district uses except for the following: ° Blacksmithing or horse shoeing ° Broom manufacturing ° Candle manufacturing ° Creamery and dairy product manufacturing ° Egg storage, candling, sorting and grading ° Farrier (horseshoeing) ° Feed stores ° Ice manufacturing and bulk ice storage • Bufferyards — The following regulations are being proposed: ° Bufferyards along lot lines internal to the development shall not be required. ° The "F -1" bufferyard between Lot 4 and the adjacent "C -3" commercial property shall not be required, in favor of the existing natural drainage easement. • Maximum Impervious Coverage — The maximum impervious coverage shall be limited to 81.2% per lot, not to exceed 80% for the site total. • Parking — The number of parking spaces required /provided may be adjusted to +/- 10%, provided that in no case shall the maximum site impervious coverage exceed 80 %. • Residential Adjacency — All lots shall be relieved from residential adjacency requirements. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 1, 2004 Page 6 of 12 The following variance is being requested: • Driveway Stacking Depth — The minimum stacking depth required for the southernmost common access drive (drive E) is 50 feet. The applicant is requesting a stacking depth of 40 feet. This is an existing driveway common with the office - warehouse to the south that is being reconfigured to allow for common use. The Planning and Zoning Commission recommended approval (6 -0) subject to review, as proposed; noting the applicant's willingness to leave the drainage area in a natural state, and to work with the landscape administrator in locating some required interior bufferyard plant material in the landscape areas along the sides of the buildings. Contact Bruce Payne or Dennis Killough with questions on this item. 9A. Resolution No. 04 -038, Approving an absence policy for members of City Council and various boards. This item is on the agenda at the request of the Mayor. The Charter states if a Council member: "...fails to attend two consecutive regular meetings of the Council without being excused by the Council" the Council member "shall forfeit his or her office." It further states: "Planning and Zoning Commission members forfeit their office if they fail to attend two consecutive regular meetings of the Commission without being excused by the Council." At this time, there is no absence policy and the handling of the occurrences has varied through the years. Contact the Mayor with question on this item. 9B. Resolution No. 04 -032, Appointing five members to serve on the Board of Directors of the Tax Increment Reinvestment Zone Number One, City of Southlake, Texas. Article II, Section 1 (Powers, Number, and Term of Office) of the Bylaws of the Tax Increment Reinvestment Zone Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 1, 2004 Page 7 of 12 Number One, City of Southlake, Texas, provides that the property and affairs of the zone shall be managed and controlled by the City Council of the City of Southlake. The Bylaws specify that the City Council shall appoint eight members to the TIRZ Board of Directors, with one of these positions named by the Carroll Independent School District. The other taxing units participating in the zone (CISD, Tarrant County, Tarrant County Hospital District, and Tarrant County College) also may appoint one representative to the Board of Directors. With respect to the length and terms of succession, the Bylaws state the following: "Each member shall serve for a term of two years, as stipulated in the Act, or until the member's successor is duly appointed and qualified." This resolution appoints three new City Council members (John Terrell, Greg Jones, and Virginia Muzyka) to a one year term to fill the remainder of the terms of Ralph Evans, Greg Standerfer, and Tom Stephen, appointed in May 2003. Staff is in the process of receiving their written resignations from the TIRZ Board of Directors. The appointment of a one -year term is consistent with the Bylaws and the City Charter, Section 3.02(b) regarding the filling of vacancies of unexpired terms. These members would be re- appointed in May 2005 for a two year term, which would appoint them to the TIRZ Board of Directors for the remainder of their current term on City Council. This Resolution also re- appoints City Council members Rex Potter and Carolyn Morris, whose terms on the TIRZ Board of Directors expired in May 2004. Contact John Eaglen with questions on this agenda item. 9C. Resolution No. 04-035, one City Council member to the Joint Utilization Committee. One City Council representative position is currently available on this committee due to the expiration in May 2004 of the term previously held by Tom Stephen. The term of this newly appointed position will expire in May 2006. Contact the Mayor or Lori Farwell with questions on this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 1, 2004 Page 8 of 12 9D. Resolution No. 04 -036, Appointing three City Council members to the Southlake Parks Development Corporation. There are currently three open positions for City Council representatives on the Corporation. The terms of Carolyn Morris and Rex Potter expired in May 2004 and Tom Stephen has vacated his seat due to the end of his tenure on City Council. The newly appointed positions, currently held by Council members Morris and Potter, will expire in May 2006 and the position currently held by former Council member Stephen will expire in May 2005. Contact the Mayor or Lori Farwell with questions on this item. 11A. Bond rating presentation. Staff will make a brief presentation to Council outlining the bond rating process which will include the presentation that was made on May 11 to the rating agencies. Jim Sabonis and Beth Bankhead with First Southwest will be present at the meeting to answer questions. Contact Shana Yelverton or Sharen Elam with questions on this item. OTHER ITEMS OF INTEREST 1. US Army Corps of Engineers (COE) is presently seeking feedback from area communities as a part of an environmental assessment for government owned land around Grapevine and Lewisville Lakes. The Corps guidelines primarily focus on mowing, underbrushing, landscaping, and access paths. These guidelines apply to landowners who have property adjacent to Government property and /or who own property which contains a flowage easement. The objective is to determine the allowable extent and conditions for adjacent property owners to engage in mowing /landscaping and access of Corps property. In an effort to facilitate discussion and seek input for our response to the COE the City scheduled a meeting for June 2, at 7:00 p.m. to be held in the DPS East building (the old city hall) located at 667 N. Carroll Avenue. The attached letter was sent to all property owners in the City abutting Corps lands. A questionnaire was also included so those who are unable to Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 1, 2004 Page 9 of 12 attend the meeting could still have an opportunity to provide feedback. Contact Malcolm Jackson with questions on this item. IN Staff Extension Numbers: Black, Rick, DPSDirector, 481 -2406 Campbell, Billy, City Manager, 481 -1409 Eaglen, John, Assistant to the City Manager, 481 -1433 Elam, Sharen, Finance Director, 481 -1713 Farahnak, Pedram, Public Works Director, 481 -2308 Farwell, Lori, City Secretary, 481 -1519 Hugman, Kevin, Human Resources Director, 481 -1952 Jackson, Malcolm, Community Services Director, 481 -1527 Killough, Dennis, Senior Planner, 481 -2073 Last, Greg, Economic Development Director, 481 -1671 McGeath, Kerry, Library Administrator, 481 -8378 Payne, Bruce, Planning Director, 481 -2036 Yelverton, Shana, Assistant City Manager, 481 -1429 Honorable Mayor and Members of City Cow Agenda Item Comments and Other Items of l City Council Meeting June 1, 2004 • • Page 10 of 12 City of Southlake May 18, 2004 Name Address City /State /Zip Dear Southlake Resident: The City of Southlake records indicate that you own property adjacent to the U.S. Army Corps of Engineers (Corps). The Corps requests input from the city as a part of an environmental assessment for the review and revision of guidelines for mowing and maintaining shorelines and vegetation for government owned land around Grapevine and Lewisville Lakes. As a part of our response to the Corps, we invite your comments either through your attendance at an informational workshop with our staff or through the attached form. The Corps guidelines primarily focus on mowing, underbrushing, landscaping, and access paths. These guidelines apply to landowners who have property adjacent to Government property and /or who own property which contains a flowage easement (a flowage easement is property that is privately owned, but on which the Government owns the right to flood in perpetuity). The objective is to determine the allowable extent and conditions for adjacent property owners to engage in mowing /landscaping and access of Corps property. In an effort to facilitate discussion the City scheduled a meeting for June 2, 2004 at 7:00 p.m. to be held in the DPS East building (the old city hall) located at 667 N. Carroll Avenue. If you are unable to attend the meeting, you may fax your input to us at 817 -481- 1594, drop it by our offices in Bicentennial Park, or mail it to us at 400 N. White Chapel, Southlake, Texas, 76092. Please contact Deputy Director of Community Services Steve Polasek at (817) 481 -1543 should you have any questions. We look forward to your participation. Sincerely, Malcolm Jackson Director of Community Services Attachment: Questionnaire Cc: City Council Parks and Recreation Board Billy Campbe City Mtaanager �M Shane orth /fi e y ou i� e, TX 76092 (8171 4R1 -9'174 • www ri cniAhlakP tx im • (R171 4R1- Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 1, 2004 Page 11 of 12 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 1, 2004 Page 12 of 12 Lake Grapevine Questionnaire Current regulations allowing mowing or underbrushing without a permit at a distance of fifteen (15) feet onto Corps property for Lake Grapevine. Should this distance be expanded, reduced, or maintained? 2. If expanded or reduced, what distance do you recommend and why? 3. Do you actively seek a permit from the Corps for mowing or underbrushing beyond the current distance? 4. Do you currently have an access path leading from your property to Lake Grapevine or onto Corps property? 5. How wide is your path on average? 6. Do you feel the current guidelines (see http://155.84.70.101 /grapevine / ) are appropriate for maintaining the natural environment and shorelines on the Corps property? If not, explain. 7. What changes would you recommend as it relates to mowing, underbrushing, access paths, and landscaping of public Corps lands? Thank you for taking the time to respond! Please fax your completed questionnaire to (817) 481 -1594, or mail to Attention Lake Grapevine Questionnaire, City of Southlake, 400 North White Chapel, Southlake, Texas 76092