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Item 4BCity of Southlake, Texas WI u•;:►IMMu May 30, 2003 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 3, 2003 Agenda Item No. 5A. Approval of the minutes of the City Council regular meeting held on May 20, 2003. The minutes are in your packet. Contact Lori Farwell if you have any questions or changes Agenda Item No. 5B, Variance Request to the Subdivision Ordinance No. 483, Section 4.01(I)2 (Plat Expiration), as amended, extending the validity of Case No. ZA 01 -004, Plat Showing for Lots 12 through 14, O.W. Knight No. 899 Addition. The purpose of this request is to extend the validity of an expired plat showing so that the lots and easements may be dedicated and filed in the County. This plat was approved June 5, 2001 by the City Council. Since it was not filed within one year of its approval date, it has expired. Because the plat has expired, a variance to the plat expiration is being requested. Staff has no unresolved issues with this request. If the Council approves this item, staff recommends extending the validity for 60 days from the date of the Council's action to allow time to acquire signatures and file the plat in the County Plat Records. Contact Bruce Payne or Dennis Killough if you have any questions. Agenda Item No. 7A. Ordinance No. 849, 2" d reading, abandoning portion of the public right -of -way of Crooked Lane. As discussed on first reading, the construction of S. Nolen Drive from Crooked Lane to FM 1709 was completed in 2001 and vehicular traffic was moved from Crooked Lane to Nolen Drive. On December 18, 2001, the City Council approved Ordinance No. 808 abandoning the right of way of Crooked Lane within the Cornerstone Plaza Addition from FM 1709 to approximately 466 feet south of FM 1709 and authorizing the Mayor to execute a quit claim deed. The three property owners adjacent to the remaining right of way of Crooked Lane from approximately 466 feet south of FM 1709 to S. Nolen Drive have submitted a request to the City to abandon this portion of right of way of Crooked Lane. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 3, 2003 Page 2 of 8 The utilities have been moved from the right of way of Crooked Lane to S. Nolen Drive and the existing right of way only serves as a drainage easement. The property owners have signed a new drainage easement to serve the drainage in the existing right of way of Crooked Lane. It was understood at the time the preliminary plat for Cornerstone Plaza was approved that the old Crooked Lane right of way would be abandoned when S. Nolen Drive was constructed. First reading of this ordinance was approved on May 20, 2003. Contact Pedram Farahnak if you have any questions. Agenda Item No. 7B. Ordinance No. 830 -A, 2 " reading, amending Ordinance No. 830, amending FY2002 -03 buds As discussed on first reading, the proposed amendments to the budget represent an increase in expenditures of $223,607 and $55,000 in General Fund and Park Dedication Fund respectively, and a decrease in expenditures of $151,147 in Southlake Park Development Corporation budget (SPDC). Based on staffs review of the revenues collected year -to -date, it is not considered necessary to amend revenues at this time. We will continue to monitor revenue collections. "Exhibits A, B and U are the attachments to the ordinance that illustrates how the proposed amendments fit into the respective budgets. Please review Sharen's memo that includes the details of all proposed amendments. Note that with the changes the fund balance stands at 28.6 %, exceeding the requirements of our fund balance policy. The excess fund balance will assist with balancing the FY2003 -04 and future budgets. If you recall during the FY2002 -03 budget process, staff discussed the importance of focusing on the three -year outlook. Contact the requesting department heads or Sharen Elam if you have any questions about the amendments. Agenda Item No.7C, Resolution No. 03 -036, (ZA03 -028) Specific Use Permit for the sale of alcoholic beverages at Caf6 Express. This property is located at 1472 Main Street, in Southlake Town Square, at the northwest corner of Main and Central. The current zoning on the property is "DT" Downtown District. This building is currently under construction. The request for alcohol sales includes the interior portion of the building they will occupy and a gated outdoor seating area similar to the Rockfish Restaurant. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 3, 2003 Page 3 of 8 The Planning and Zoning Commission recommended approval (5 -0) on May 22, 2003. Contact Bruce Payne or Dennis Killough if you have any questions regarding this item. Agenda Item No. 9A. Resolution No. 03 -037, Suspending the Effective Date of TXU Gas Distribution's Requested Rate Changes to Permit the City Time to Study and Request and to Establish Reasonable Rates, Approving Cooperation with Other Cities within the TXU Gas Distribution System to Create a Steering Committee to Hire Legal and Consulting Services. On May 23, 2003, TXU Gas Distribution Company filed a Statement of Intent to change gas rates in all municipalities within the TXU Gas Distribution System. This resolution accomplishes the following objectives: • It suspends the effective date of the proposed new rates for the maximum period allowed by law; • Commits the city to cooperation with other similarly situated cities to a joint review of the Company filing, the sharing of consultants and to joint participation at the Railroad Commission; and, • It authorizes intervention at the Railroad Commission. Contact Sharen Elam if you have any questions. Agenda Item No. 9B. Resolution No. 03 -039, Approving the terms and conditions of a program to promote economic development in the City, authorizing the Mayor to execute an agreement with Four Peaks Development, Inc. (Pin Oak Estates). This resolution will approve the 380 agreement with Four Peaks Development for the redevelopment of the subdivision, as discussed with Council at the May 20th meeting. Specifically, the agreement stipulates that the City will contribute $250,000, will waive all building permit fees on the identified 57 lots, and the City will bid the City owned lot at a future date. In return for this, Four Peaks Development agrees to reconstruct the streets and drainage to city specifications and will build site -built homes on all of the lots that it controls. The $250,000 will be paid upon city acceptance of the streets and drainage improvements. The building permit fees will be Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 3, 2003 Page 4 of 8 waived upon demonstration that a site -built house will be constructed on each lot. (The 380 agreement and developer's agreement included in your packet are the same documents submitted at your last meeting — the attorneys will have the updated agreements by Tuesday night.) Contact Bruce Payne if you have any questions. a Item No. 10A. Approval of a variance to Sian Ordinance No. 704 -A for Southlake Town Square Farmer's Market Southlake Town Square, represented by Patty Pickard, is seeking a variance to Sign Ordinance 704 -A to allow the display of multiple banners for more than the allowed two (2) permits per calendar year without the required sixty (60) day separation between permits. The applicant seeks to allow multiple vendors at the Farmer's Market to display one banner within their allotted booth areas located in the parking area directly behind thel256 Main St. building in Block 2 of Town Square. Vendor banners would be displayed only during the hours of operation designated in the Special Use Permit approved by council on May 20, 2003. In addition to the vendor banners, Southlake Town Square would display a single banner each Friday and Saturday on the Rustin Park pavilion announcing the Farmer's Market. The market will operate each Saturday from June 7 through September 27, 2003. A suggested banner permit fee of $425.00 would be collected from Southlake Town Square to cover processing and any inspections deemed necessary by code enforcement for the duration of the market. Contact Rick Black with questions or continents. a Item No. 1013. Aaaroval of a variance to Sian Ordinance No. 704 -A for Snookies Bar and Grill Mark Matise, on behalf of Snookies Bar and Grill located at 2801 East Southlake Boulevard, Suite 100, is requesting a variance to Sign Ordinance 704 -A. for increased sign area. The request is to add the words `BAR AND GRILL" in 12 inch letters below the existing " Snookies" lettering. The additional lettering would increase the sign area from 45.75 sq. ft. to 55.75 sq. ft. which is 28% over allowable area. The existing Snookies sign was approved for variance on January 7, 2002 for oversized letters (36" instead of 30 ") and a 5% area increase (45.75 sq. ft. instead of 43.5 sq. ft.). Requested letter size is allowable, the total area increase is the only variance issue. Contact Rick Black for questions or continents. Agenda Item No. IOC. Approval of a variance to Sign Ordinance No. 704 -A for Tweeter Home Entertainment Tweeter Home Entertainment located at 2801 East Southlake Boulevard, Suite 180, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 3, 2003 Page 5 of 8 represented by Mark Matise, is requesting a variance to Sign Ordinance 704 -A to install a sign with one 60 inch upper case letter "T ", and one 36 inch lower case letter "t" with remaining letters of the word "TWEETER" at 31 inches. By ordinance the allowed letter /logo height is 24 inches. The words "AUDIO, VIDEO, CAR STEREO" are part of the existing approved sign and would not be altered. Allowable sign area for this building frontage is 93 sq. ft. Overall area of the proposed sign is 113 sq. ft. and is 5% over allowable area requirements. The existing sign was approved by variance on May 7, 2002 with a 36 inch upper case "T" and a 30 inch lower case "t" with remaining letters within required height. Contact Rick Black with questions or comments. Agenda Item No. IOD. Approval of a variance to Sign Ordinance No. 704 -A for Dan Sweeney State Farm Insurance Dan Sweeney, representing Dan Sweeney State Farm Insurance located at 1500 West Southlake Boulevard, Suite 140, is requesting a variance to Sign Ordinance 704 -A to increase letter height by installing his existing sign at his new location. The existing sign consists of 14 inch lettering spelling "STATE FARM" and a square logo 24 inches by 24 inches. The ordinance allows 12 inch letters and logo for a store front less than 100 feet from R.O.W. The present lease space is 32 feet wide allowing a sign area of 24 square feet. The existing sign area is 16 square feet. Contact Rick Black with questions or comments. Agenda Item No. 10E. Authorize the Mayor to execute a commercial developer's agreement for Brewer Industrial Addition, Lots 1 and 2. The final plat for Brewer Industrial Addition, Lots 1 and 2 was approved in May 1984. The addition is located on the north side of SH 114, just west of Briarwood Drive approximately 2,000' west of N. Kimball Avenue. After platting, a building was constructed on Lot 1. Since public sewer was not available, a septic system was installed to serve the building. In 2002, the N -4 sewer interceptor was constructed by the City. The N -4 interceptor runs from SH 114 to N. Kimball Avenue and provided a manhole at the north end of Briarwood Drive which will give access to sanitary sewer for the property along Briarwood Drive. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 3, 2003 Page 6 of 8 The new owner of Lots 1 and 2 of Brewer Industrial Addition desires the property to be on public sanitary sewer; therefore, they hired an engineer to plan and design a sewer line from their property to the N -4 interceptor line at the north end of Briarwood Drive. This 8 -inch sewer main is 1,658 feet in length. They also acquired the necessary off -site sanitary sewer easements to accommodate the portion of the new line that cannot be constructed in the street right of way. This developer's agreement covers the construction for this public sanitary sewer line. Because this new sewer line will provide sewer for many other properties, the developer is requesting that the City waive the 3% inspection fee and 2% administrative processing fee for the sanitary sewer line which is estimated to be $4,750. Contact Pedram Farahnak if you have any questions. OTHER ITEMS OF INTEREST City Council Project Prioritization. Note that the change in schedule on the June retreat from the 27- 28 to the 19 -20 will change the schedule for the project prioritization process as follows. We will still need any additional projects you would like on the list by NEXT TUESDAY, JUNE 3 . The schedule for accomplishing this project follows: May 16 GL starts process by forwarding Master List and blank PAF form to Council to familiarize them with process, initiate review of projects list by Council. May 21 All changes / additions due from Directors May 23 STEP 1: GL forwards updated Master List and all PAF's to Council for their review and solicits additional projects from them for inclusion in the list. Council should work directly with the applicable department to develop the PAF. June 3 All Council's revisions or new requests due to GL from Council and applicable departments. June 6 Final Master List and all updated PAF's to Council for ranking. June 13 STEP 2: Council to rank projects and return master list to GL. June 19 STEP 3: Calculate rankings and place in June Retreat packets Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 3, 2003 Page 7 of 8 June 19 -20 Discussions at June Retreat, Council to review for confirmation of results or reshuffling. What we are asking of you at this point is whether or not you have any additional projects for Council to consider during ranking next week. The memo and the master schedule are included on your disk. Contact Greg Last if you have any questions. Professional Services Agreement for Municipal Judge Carol Montgomery Judge Montgomery's Professional Services Agreement began on July 17, 2001, and expires on July 17, 2003. July is fast approaching, and staff needs to know how Council wants to proceed. Please let Lori or me know if you want to advertise and go through the interview process or if you want to execute a new contract with Judge Montgomery. If we are going to advertise, we need to do it immediately. Contact Lori Farwell with any questions. SH 114 "downtown" directional signs With the reconstruction of SH 114 as a freeway section, it has come to our attention that it would be in the best interest of Southlake to have signs on eastbound and westbound SH 114 to direct traffic to Town Square where Town Hall is located. TxDOT has placed directional signs in other cities to "downtown" and it seems appropriate for TxDOT to give direction to Town Square in Southlake. At this time, we have not discussed this with TxDOT but, with your approval, staff will meet with TxDOT about installing signs similar to the two signs attached on SH 114 (see copy of proposed signs attached hereto). Contact Pedram Farahnak if you have any questions. Reminder - Bob Jones Park Grand Opening — The City of Southlake Community Services Department will host the Bob Jones Park, Phase II Grand Opening on Saturday, May 31, 9:00 a.m. — 11:00 a.m. at the new concession/restroom building in Bob Jones Park. The public is invited to attend and participate in this historical event. Activities include speeches by Mayor Pro Tern Ralph Evans, and Marilyn Tucker (former owner of a portion of the Bob Jones Park land), two ribbon - cutting ceremonies (one for the entire park and one for the playground only), face painting, bounce houses and a golf cart tour of the park following the ceremonies. Please join us! Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest City Council Meeting June 3, 2003 Page 8 of 8 MD 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 Payne, Bruce, Planning Director, 481 -2036 Yelverton, Shana, Assistant City Manager, 481 -1429