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Item 5ACity of Southlake CITY COUNCIL MEETING MINUTES June 3, 2003 CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tern W. Ralph Evans, Deputy Mayor Pro Tern Rex Potter; Councilmembers: Carolyn Morris and Tom Stephen. CITY COUNCIL ABSENT Councilmembers Keith Shankland and Greg Standerfer. 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, Deputy Director of Public Works Charlie Thomas, Assistant to the Public Works Director Valerie Bradley, Finance Director Sharen Elam, Economic Development Director Greg Last, Director of Public Safety Rick Black, Interim Chief of Fire Bobby Finn, Deputy Director of Administrative Services Garland Wilson, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Director of Human Resources Kevin Hugman, 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 Wambsganss at 5:41 p.m. City Council reviewed the agenda items with city staff and applicants. Council added the following agenda items to the consent agenda: Items 9A, 10A, IOB, IOC, IOD, and 10E. During work session, Council agreed to table Item 5B but later agreed to put it on consent for approval. REGULAR SESSION Agenda Item No. 1, Call to order: The regular session was called to order by Mayor Wambsganss at 6:22 p.m. 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 6:22 p.m. Executive Session began at 6:31 p.m. and ended at 7:40 p.m. Agenda Item No. 213, Reconvene Mayor Wambsganss reconvened the regular meeting at 7:44 p.m. No action was necessary as a result of the Executive Session. Agenda Item No. 3: The invocation was presented by Mayor Pro Tern Ralph Evans. Mayor Wambsganss led the audience in the Pledge of Allegiance. Agenda Item No. 4, Reports UNOFFICIAL CITY COUNCIL MEETING MINUTES, JUNE 3, 2003, PAGE I OF 7 A. Mayor's Report: The Mayor updated the Council on upcoming meetings and events. Councilmember Carolyn Morris announced the DPS Citizen's Academy Association will be meeting Wednesday, June 11, at 7:00 p.m. in Town Hall. B. City Manager's Report: City Manager Billy Campbell announced Director of Public Works Pedram Farahnak has been in Austin for the last two days for the Aquasource hearings. Director of Economic Development Greg Last addressed project prioritization with Council. Mayor Wambsganss said he would like to add the following to the project prioritization list: sign ordinance updates and economic incentives issues. C. Parks and Recreation Board Report: Board member Eric Blomquist reported on previous and upcoming Board meetings, the opening of Bob Jones Park, and the various summer camps and programs. D. Library Board Report: No verbal report was given but a written report will be made a part of the record. E. Southlake 2025 Committee Report: Committee member Al Morin reported on previous and upcoming Committee meetings. The Committee has completed Phase One and is ready to begin Phase Two. They plan to make a recommendation to P &Z in September. F. SPIN Report: No report was given. G. Local Business Report: Economic Development Director Greg Last introduced Mrs. Wood with Busy B's Bakery who introduced her local business to the Council. CONSENT AGENDA 5A. Approval of the minutes of the City Council regular meeting held on May 20, 2003. Approved as presented. 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. 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. During work session, Council agreed to table this item but later agreed to approve it on consent. 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: 1) It suspends the effective date of the proposed new rates for the maximum period allowed by law; 2) 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, 3) It authorizes intervention at the Railroad Commission. During work session, Council agreed to approve this request on consent. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: UNOFFICIAL CITY COUNCIL MEETING MINUTES, JUNE 3, 2003, PAGE 2 OF 7 RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS SUSPENDING THE EFFECTIVE DATE OF TXU GAS DISTRIBUTION'S REQUESTED RATE CHANGES TO PERMIT THE CITY TIME TO STUDY THE 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 AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; REQUIRING REIMBURSEMENT OF CITIES' RATE CASE EXPENSES; AUTHORIZING INTERVENTION IN THE PROCEEDING AT THE RAILROAD COMMISSION; AND REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY. IOA. Approval of a variance to Sign Ordinance No. 704 -A for Southlake Town Square Farmer's Market Deputy Director of Administrative Services Garland Wilson presented this item to Council. 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 permits per calendar year without the required 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 the 1256 Main Street 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. During work session, Council agreed to approve this request for a period of one year with the exception of the banner on the pavilion being contingent upon Parks Board approval. IOB. Approval of a variance to Sign Ordinance No. 704 -A for Snookies Bar and Grill Deputy Director of Administrative Services Garland Wilson presented this item to Council. 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.). The requested letter size is allowable so the total area increase is the only variance issue. During work session, Council agreed to approve this request on consent. IOC. Approval of a variance to Sign Ordinance No. 704 -A for Tweeter Home Entertainment Deputy Director of Administrative Services Garland Wilson presented this item to Council. Mark Matise, on behalf of Tweeter Home Entertainment located at 2801 East Southlake Boulevard, Suite 180, 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 UNOFFICIAL CITY COUNCIL MEETING MINUTES, JUNE 3, 2003, PAGE 3 OF 7 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. Applicants Bob Terrell and Mark Harris answered Council's questions. During work session, Council agreed to approve this request on consent. lOD. 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. During work session, Council agreed to approve this request on consent. 10E. Authorize the Mayor to execute a commercial developer's agreement for Brewer Industrial Addition, Lots 1 and 2. Deputy Director of Public Works Charlie Thomas presented this item to Council. 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. 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. Bill Stonaker, on behalf of William F. Cassidy, answered Council's questions. During work session, Council agreed to approve this request consent and to waive the administration and inspection fees. Motion was made to approve consent agenda items 5A; 513; 9A; 10A for a period of one year with the exception of the approval for the pavilion banner being contingent upon Parks Board approval; 1013; 1OC; 101); and l0E waiving the requested administration and inspection fees. Motion: Potter Second: Evans Ayes: Stephen, Evans, Morris, Potter, Wambsganss Nays: None Approved: 5 -0 REGULAR AGENDA: Agenda Item 6. Public Forum No one spoke. UNOFFICIAL CITY COUNCIL MEETING MINUTES, JUNE 3, 2003, PAGE 4 OF 7 Agenda Item No. 7A. Ordinance No. 849, 2nd reading, abandoning a portion of the public right - of -way of Crooked Lane. Deputy Director of Public Works Charlie Thomas presented this item to the Council. 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. 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 by Council on May 20, 2003. 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 VACATING AND ABANDONING CERTAIN PORTIONS OF CROOKED LANE IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE QUIT CLAIM DEEDS RELEASING PUBLIC OWNERSHIP, INTEREST AND CONTROL OF THESE RIGHT -OF -WAY AND EASEMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Ordinance 849, 2nd Reading. Motion: Potter Second: Evans Ayes: Evans, Morris, Potter, Stephen, Wambsganss Nays: None Approved: 5 -0 Agenda Item No. 7B. Ordinance No. 830 -A, 2nd reading, amending Ordinance No. 830, amending FY2002 -03 budget. Director of Finance Sharen Elam presented this item to the Council. 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 staff s review of the revenues collected year -to -date, it is not considered necessary to amend revenues at this time. Staff will continue to monitor revenue collections. With the proposed 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. Council approved the first reading of this ordinance on consent on May 20, 2003. No one spoke during the public hearing. UNOFFICIAL CITY COUNCIL MEETING MINUTES, JUNE 3, 2003, PAGE 5 OF 7 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REVISING THE BUDGET FIGURES FOR FISCAL YEAR 2002 -03 BEGINNING OCTOBER 1, 2002, AND TERMINATING SEPTEMBER 30, 2003, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 830 -A, 2nd Reading. Motion: Stephen Second: Potter Ayes: Morris, Potter, Stephen, Evans, Wambsganss Nays: None Approved: 5 -0 Agenda Item No.7C. Resolution No. 03 -036, (ZA03 -028) Specific Use Permit for the sale of alcoholic beverages at Caf6 Express. Senior Planner Dennis Killough presented this item to the Council. 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. The Planning and Zoning Commission recommended approval on May 22, 2003. Applicant Earl Lattimer, 3015 State Street, Dallas, Texas, answered Council's questions. Mr. Lattimer said Caf6 Express' lease is for ten years. 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: 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 LOT 2, BLOCK 4R, SOUTHLAKE TOWN SQUARE, PHASE 1, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDES 6888 AND 6889, PLAT RECORDS, TARRANT COUNTY, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -036 for a period of ten years. Motion: Evans Second: Potter Ayes: Potter, Stephen, Evans, Morris, Wambsganss Nays: None Approved: 5 -0 UNOFFICIAL CITY COUNCIL MEETING MINUTES, JUNE 3, 2003, PAGE 6 OF 7 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); and providing an effective date Director of Planning Bruce Payne presented this item to Council. This resolution will approve the 380 agreement with Four Peaks Development for the redevelopment of the subdivision, as discussed with Council at the meeting on May 20. 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 waived upon demonstration that a site - built house will be constructed on each lot. Rick Wilhelm, attorney for Phoenix Southlake Homes, Ltd., answered Council's questions. 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: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, 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.; AND PROVIDING AN EFFECTIVE DATE. Motion was made to approve Resolution No. 03 -039 Motion: Evans Second: Morris Ayes: Stephen, Evans, Potter, Wambsganss Nays: Potter Approved: 4 -1 Agenda Item 12. Meeting Adjourned With there being no further business to discuss, Mayor Wambsganss asked for a motion to adjourn the meeting at 8:22 p.m. Motion: Stephen Second: Potter Ayes: Evans, Morris, Potter, Stephen, Wambsganss Nays: None Approved: 5 -0 Andy Wambsganss Mayor ATTEST: Lori A. Farwell City Secretary UNOFFICIAL CITY COUNCIL MEETING MINUTES, JUNE 3, 2003, PAGE 7 OF 7