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Item 5ACity of Southlake CITY COUNCIL MEETING MINUTES May 6, 2003 CITY COUNCIL PRESENT Mayor Rick Stacy, Mayor -Elect Andy Wambsganss, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Greg Standerfer. Councilmembers: Rex Potter, Carolyn Morris, Keith Shankland, and Tom Stephen. CITY COUNCIL ABSENT None 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, Assistant to the Public Works Director Valerie Bradley, Finance Director Sharen Elam, Municipal Court Administrator Sean Leonard, Economic Development Director Greg Last, Economic Development Specialist Betsy Boyett, Director of Public Safety Rick Black, Chief of Police Marlin Price, Interim Chief of Fire Bobby Finn, Deputy Director of Administrative Services Garland Wilson, Chief Building Official Paul Ward, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Senior Parks Planner Chris Carpenter, Recreation Supervisor Steve Moore, Director of Human Resources Kevin Hugman, Secretary to the City Manager Kim Bush, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Stacy at 5:30 p.m. City Council reviewed the agenda items with city staff and applicants. Council added Items 8a, 9a, 10a (to allow a banner for 60 days and requiring any future sign to be permanent); 10b (to allow 30" letters for 60 days but then requiring 24" letters); and 10c (to table) to the consent agenda. Brandon Bledsoe invited Council to a meeting scheduled for May 19 to introduce SPIN to the new Mayor and City Council. REGULAR SESSION Agenda Item No. 1, Call to order: The regular session was called to order by Mayor Stacy at 6:09 p.m. Mayor Stacy presented to Mayor -Elect Wambsganss a gift bag that included a package of Certs for when the Mayor is talking with residents, super- strength Excedrin for budget time, and Vaseline for his teeth to prevent his lips from sticking to his teeth. Municipal Judge Carol Montgomery issued the Oaths of Office to Andy Wambsganss for the Office of Mayor and to Keith Shankland for City Council, Place 2. The meeting was adjourned at 6:20 p.m. so everyone could join the newly- elected officials for cake in the foyer. UNOFFICIAL CITY COUNCIL MEETING MINUTES, MAY 6, 2003, PAGE 1 OF 8 Mayor Wambsganss reconvened the regular meeting at 6:36 p.m. and presented a gavel and a nameplate to Mayor Stacy and thanked him for his service to the City. Agenda Item No. 2A, Executive Session Mayor Wambsganss 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 6:38 p.m. Executive Session began at 6:44 p.m. and ended at 7:45 p.m. Agenda Item No. 2B, Reconvene Mayor Wambsganss reconvened the regular meeting at 7:50 p.m. Mayor Wambsganss asked if there was any action necessary following the executive session. Motion to approve the dedication by the Town Square developer of the general warranty deed for the parks and streets; with respect to the use of the City Hall facility, the CREs will go through the life of the TIF; and the payment of the proceeds previously approved will be made upon delivery of signed documentation approved by the City Attorney. Motion: Standerfer Second: Shankland Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Wambsganss Nays: None Approved: 7 -0 Motion to accept the settlement in the Fox case as discussed in Executive Session. Motion: Standerfer Second: Stephen Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 3: The invocation was presented by Father Ken Robinson of St. Francis Catholic Church. Mayor Wambsganss led the Pledge of Allegiance. Agenda Item No. 4, A. Mayor's Report: Mayor Wambsganss announced upcoming meetings and events. He presented proclamations for Public Service Week to County Commissioner Glen Whitley and Assistant City Manager Shana Yelverton and for National Police Week to Director of Public Safety Rick Black and the public safety staff B. City Manager's Report: City Manager Billy Campbell thanked Tarrant County and the City Secretary's Office for working together on an excellent election. C. Parks and Recreation Board Report: Dorothy Wood updated Council on previous and future Parks Board meetings and on the progress of Bob Jones Park. She announced that the July 4 Celebration will be held on July 3 from 7 -10 p.m. D. Library Board Report: Angelique York updated Council on the joint effort to process the Baker and Taylor books. She also updated Council on the annual F. 0. S.L. book sale which was held during Art in the Square and raised $4,342.00. UNOFFICIAL CITY COUNCIL MEETING MINUTES, MAY 6, 2003, PAGE 2 OF 8 E. Southlake 2025 Committee Report: Ron Kulpinski, Co -Chair of the Southlake 2025 Committee, reported to Council on the Committee's progress. F. SPIN Report — Roger Hutton invited Council to the Town Hall meeting on May 19 which is sponsored by SPIN. G. Local Business Report — Economic Development Director Greg Last introduced Bill Kersey who introduced his business, Fast Frame, to Council. Consent Agenda 5A. Approval of the minutes of the City Council regular meeting held on April 15, 2003. Approved as presented. 5B. Resolution No. 03-029, of Mayor Pro Tem and Deputy Mayor Pro Tem As stated in the Home Rule 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 Mayor. In case of absence or disability of both the Mayor and the Mayor Pro Tem, the Deputy Mayor Pro Tem shall perform the duties of Mayor." Mayor Wambsganss named Ralph Evans as Mayor Pro Tem and Rex Potter as Deputy Mayor Pro Tem. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM PURSUANT TO ARTICLE 2.07 OF THE HOME RULE CHARTER; AND PROVIDING AN EFFECTIVE DATE. 5C. Consider Approval of Town Hall Irrevocable License and Parking, Management and Use Agreement In Fiscal Year 1998 the Council approved Southlake Town Square Phase One commercial developer's agreement. The memorandum of understanding attached to the developer's agreement was incorporated in the agreement to address issues related to "City Hall," the property, parking facilities, construction of improvements, reimbursement of improvements, timing of project, etc. The memorandum of understanding states that the Town Hall building requires parking at a ratio of not less than one (1) space for every 330 square feet of building area ( "parking "). The parking was to be provided subject to the following conditions: 1) 25% shall be specifically reserved for the exclusive use of the building occupants and the residential, 75% shall be non - exclusive; 2) provided further that ten (10) spaces shall be provided, and exclusively reserved, as on street adjacent to the building for short term parking; and 3) that the City shall pay all costs associated with such parking, subject to the City and the developer entering into a separate agreement providing for the location of all exclusive parking and any terms, conditions and /or limitations to the City's payment of such costs. The proposed parking agreement for consideration complies with the provisions of the referenced developer agreement and the memorandum of understanding. The agreement does not address the reserved ten spaces adjacent to the building for short term parking. It is the staff's opinion that it is not necessary to reserve spaces for Town Hall; it is more important for all Town Square patrons to have accessible parking spaces. The annual estimated maintenance cost is anticipated to be around $25,000 (25% will be reimbursed UNOFFICIAL CITY COUNCIL MEETING MINUTES, MAY 6, 2003, PAGE 3 OF 8 from Tarrant County). During the work session, Council agreed to approve this agreement on consent and to reserve the right to request ten parking spaces for future use. 8A. Ordinance No. 480 -419, 1 st Reading (ZA03 -015) Zoning change for property located at 3333 Southlake Park Road East. This property is located at 3333 Southlake Park Road East, approximately 500 feet north of Ridgecrest Drive, adjacent to the Grapevine Lake Corp of Engineers' property. The current zoning on the property is SF -20B Single Family Residential District and the requested zoning is SF -lA Single Family Residential District. The land use designation is medium density residential. The property is approximately 1.2 acres in area. The SF -20 zoning district does not permit the stabling of grazing animals. The applicant would like the ability to have horses on the property as permitted in the SF-IA district. The Planning and Zoning Commission recommended approval on April 17, 2003. During work session, Council agreed to add this item to the consent agenda. 9A. Resolution No. 03 -030, a resolution of the City of Southlake, Texas, consenting to the transfer of certain property, and to the transfer of all or a portion of tax abatement agreements entered into by and among the City of Southlake, Texas, Sabre Inc., and certain other parties Due to changes in financial accounting rules, Sabre Inc., plans to refinance the lease governing its Southlake corporate headquarters. The refinancing will necessitate a change in the legal title holder. This resolution provides Sabre confirmation of our consent to these changes. As is the case for the existing lease, Sabre, Inc., will be the lessee and user of, and will continue to occupy the physical premises of, the Southlake corporate headquarters under the new financing arrangement. The only other minor change is the recognition of "Sabre Holdings Corporation" as the parent entity for purposes of the "affiliates" definition. No financial factors or thresholds related to the tax abatements are being changed. During work session, Council agreed to add this item to the consent agenda. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, CONSENTING TO THE TRANSFER OF CERTAIN PROPERTY, AND TO THE TRANSFER OF ALL OR A PORTION OF TAX ABATEMENT AGREEMENTS ENTERED INTO BY AND AMONG THE CITY OF SOUTHLAKE, TEXAS, SABRE, INC., AND CERTAIN OTHER PARTIES. 10A. Approval of a variance to Sign Ordinance No. 704 -A for Busy B's Bakery located at 480 West Southlake Boulevard, Suite #105. Ms. Hsiang -Lan Wood of Busy B's Bakery is requesting a variance to Sign Ordinance 704 -A regarding banner display duration. The applicant is requesting a one -time banner display for a period not to exceed ninety days. The allowable display period for a banner is fifteen days by ordinance. During work session, Council agreed to approve the banner for a period of 60 days but stipulating that any future sign would need to be permanent. IOB. Approval of a variance to Sign Ordinance No. 704 -A for Texas Tan located at 3300 East State Highway 114, Suite #113 Brice Burk, representing Texas Tan, is requesting a variance to install a sign with 30 -inch letters and an area of 52.76 sq. ft. City ordinance allows 18 -inch letters at 101 feet from R.O.W. and the area allowed under the ordinance is 26.25 sq. During work session, Council agreed to allow the 30 -inch letters for a period UNOFFICIAL CITY COUNCIL MEETING MINUTES, MAY 6, 2003, PAGE 4 OF 8 of 60 days since the sign has already been made, but requiring 24 -inch letters after the 60 day time period. 10C. Approval of a conditional sign permit under Section 6 of Sign Ordinance No. 704 -A for Southlake Corners (Wal -Mart redevelopment) The applicant asked to table this item at this time. Motion was made to approve consent agenda items 5A; 5B (Mayor Pro Tern — Ralph Evans and Deputy Mayor Pro Tern — Rex Potter); 5C (reserving the right to request 10 parking spaces for future use); 8A; 9A; 10A (approving the banner for a period of 60 days but stipulating that any future sign would need to be permanent); lOB (allowing the 30 -inch letters for a period of 60 days since the sign has already been made, but requiring 24 -inch letters after the 60 day time period); and IOC to table at the applicant's request. Motion: Standerfer Second: Evans Item 5A Ayes: Shankland, Morris, Standerfer, Stephen, Evans Nays: None Abstain: Potter, Wambsganss Approved: 5 -0 -2 Items 5B (Mayor Pro Tern — Ralph Evans and Deputy Mayor Pro Tern — Rex Potter); 5C (reserving the right to request 10 parking spaces for future use); 8A; 9A; 10A (approving the banner for a period of 60 days but stipulating that any future sign would need to be permanent); lOB (allowing the 30 -inch letters for a period of 60 days since the sign has already been made, but requiring 24 -inch letters after the 60 day time period); and 10C to table at the applicant's request: Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans, Wambsganss Nays: None Approved: 7 -0 REGULAR AGENDA Agenda Item 6. Public Forum Michelle Stiles thanked the City of Southlake and the City Council for the Sister Cities Program and asked for their continued support. Agenda Item No. 7A. Resolution No. ZA03 -026 (ZA03 -017) Specific Use Permit to allow the sale of alcoholic beverages at Pei Wei Asian Diner. Senior Planner Dennis Killough presented this item to the Council. This property is located in the southeast corner of Southlake Town Square at 1582 E. Southlake Boulevard. The current zoning on the property is DT Downtown District. The purpose of this request is to sale alcoholic beverages in the restaurant. The Planning and Zoning Commission recommended approval of this item on April 17, 2003. Applicant Matt Clark, 1382 Bell Avenue, Tuscan, California, was present to answer Council's questions. Mr. Clark said they have a ten year lease with options to increase every five to ten years after that. No one spoke during the public hearing. UNOFFICIAL CITY COUNCIL MEETING MINUTES, MAY 6, 2003, PAGES OF 8 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 2A5, SITUATED IN THE R. EADS SURVEY, ABSTRACT NO. 481, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -026 (ZA03 -017) for period of ten years. Motion: Potter Second: Standerfer Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 10D. Authorize Mayor to execute a residential developer's agreement for Clariden Ranch, Phase III, a 59 -lot subdivision located on North White Chapel Boulevard. Clariden Ranch Phase III is the third addition of Clariden Ranch being developed on the west side of N. White Chapel Boulevard south of Bob Jones Road Deputy Director of Public Works Charlie Thomas presented this item to the Council. In 2001, the developer constructed Clariden Ranch Phase IA, IB and II (formerly known as Crown Ridge). In developing the Clariden Ranch Phase IA, IB and II, the developer was required to relocate a portion of T.W. King Boulevard and construct an off -site sewer line and sanitary sewer lift station that serves those developments. The City granted the developer some credits from impact fees and administrative processing and inspection fee for constructing these improvements. The construction of Clariden Ranch, Phase III, includes the installation of 7,450 linear feet of water line and 5,780 linear feet of sanitary sewer line. It also includes the construction of 6,000 linear feet of streets and 2,215 linear feet of underground storm sewer. The developer is requesting some additional credits in Clariden Ranch, Phase III, for the construction of T.W. King Boulevard and sanitary sewer lines constructed in Clariden Ranch Phase IA, IB and II. The developer is requesting additional roadway impact fee credit in the amount of $16,520. The reason for this request is because his cost of reconstructing T.W. King Blvd. was $85,600 and his roadway impact fee credit and inspection fee credit in Phase IA, IB and II was only $69,080. The developer is also requesting sanitary sewer impact fee credit in Phase III for construction of the off -site sewer line and lift station in Phase IA, IB and II in the amount of $69,703. The reason for this request is because his cost of constructing the sanitary sewer line and lift station in Phase IA, IB and II was $156,310 and his sanitary sewer impact fee credit and inspection fee credit was only $56,415. The off -site sanitary sewer line and lift station will serve other properties. The developer will also receive a reimbursement for an over -sized 12" water line in T.W. King Boulevard per the city's oversize reimbursement policy. If the roadway impact fee credit is granted, the credit will amount to $16,520. If the sanitary sewer impact fee credit is granted, the credit will amount to $69,703. The reimbursement for the oversized water line is estimated to be $9,053. The developer will pay a park fee of $88,500 in lieu of park land dedication. Paul Spain, Terra Land Development Company, 375 W. Northwest Parkway, Southlake, Texas, answered questions from the Council. UNOFFICIAL CITY COUNCIL MEETING MINUTES, MAY 6, 2003, PAGE 6 OF 8 Motion was made to approve a residential developer's agreement for Clariden Ranch, Phase III, approving the developer's request for payment of over - sizing the water line from 8 -inch to 12- inch in the amount of $9,053, but denying the developer's request for modification of the contract Motion: Standerfer Second: Potter Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 10 -E, Authorize the City Manager to Assess Liquidated Damages against Charter Communications, and Establishing Procedures for Handling the Appeal Process. Assistant to the City Manager John Eaglen presented this item to the Council. The City of Southlake approved a transfer of the control of the cable television franchise from Marcus Cable Associates, L.L.C. to Paul G. Allen (Charter Communications), effective March 26, 1999. The City of Southlake franchise agreement with Mr. Allen establishes customer service standards, and established a procedure for the assessment of liquidated damages if the City deemed that Charter was non - compliant with these standards. In September 2002 the Fort Worth Area Charter Consortium Cities (Fort Worth, Denton, Duncanville, Burleson, North Richland Hills, Benbrook, Keller, Southlake, Hurst), a group of cities that transferred their respective cable franchises to Mr. Allen in 1999, hired C2 Consulting Services, Inc., to perform a review (the "audit ") of Charter Communications call centers located in Fort Worth, Denton, and Duncanville. The study entailed a review of call center reporting by Charter to the cities for the period of January 1, 2002 through June 30, 2002. This finding was that Charter had not met the burden of proof concerning compliance for a required customer service standard that answer time to the call centers would be answered by Charter representatives (including wait time) within 30 seconds after the connection is made, and if transferring is required, the time to complete the transfer would not exceed 30 seconds, ninety percent of the time under "normal operating conditions." The audit finds that Charter has been adjusting their statistics by claiming "abnormal" occurrences (in the scope of the audit 68% of the time) in order to meet the standard. The audit noted in particular that unadjusted statistics reflect that weekend performance is significantly below the standard. Potential results to the City of continued poor customer service performance by Charter include the following: frustrated customers increasingly move to other means (satellite dish), potentially resulting in diminished franchise fees payable to the City; and over time, potentially increasing the City's service level, as frustrated customers expect to have the City handle customer service issues with Charter. On the basis of the audit, the City of Fort Worth questioned Charter representatives with respect to Charter's quarterly reports for the period from the third quarter of 1999 through the fourth quarter of 2000 and for the third and fourth quarters of 2002. The City of Fort Worth determined that Charter has not been able to substantiate the adjustments for abnormal operating conditions as reflected in Charter's quarterly reports to the City for those time periods. As a result of this finding, consortium cities have assessed liquidated damages for these additional time periods outside of the audit. The estimated total of the consortiums' liquidated damages against Charter exceeds four million dollars. Staff is requesting action on two items: 1) Authorize the City Manager to assess liquidated damages against Charter in similar fashion to that of other consortium cities, totaling $135,166.67 to the City of Southlake; and 2) establish procedures for handling Charter's appeal per the City's franchise agreement with Charter. Relating to the second action item, with Southlake being the last city to take action on this item, staff has been able to UNOFFICIAL CITY COUNCIL MEETING MINUTES, MAY 6, 2003, PAGE 7 OF 8 monitor Charter's response to the other cities. Charter has indicated that they will follow the appeal process specified under the cities franchise agreements. The City of Southlake franchise agreement specifies that City Council may hear Charter's appeal, or designate a city official or other person to act as a hearing officer. The consortium has discussed jointly hiring a hearing officer to handle Charter's appeal all at one time and submit findings to each City Council for final decision. Blake Cummings (Government Relations Manager for Charter Communications) 4800 Blue Mound Road, Fort Worth, Texas, discussed the audit review and addressed types and statistics of calls received from the City. Paul Berra (Director of Government Relations for Charter Communications) St. Louis, Missouri, addressed cable customer service standards. Motion was made to authorize the City Manager to assess liquidated damages against Charter Communications, and to establish procedures for handling the appeal process as set forth in the City Manager's memo dated April 29, 2003. Motion: Standerfer Second: Potter Ayes: Potter, Stephen, Evans, Shankland, Morris, Standerfer, Wambsganss Nays: None Approved: 7 -0 Agenda Item 12. Meeting Adjourned With there being no further business to discuss, Mayor Wambsganss adjourned the meeting at 9:04 p.m. Andy Wambsganss Mayor ATTEST: Lori A. Farwell City Secretary UNOFFICIAL CITY COUNCIL MEETING MINUTES, MAY 6, 2003, PAGE 8 OF 8