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Item 5ACity of Southlake CITY COUNCIL MEETING MINUTES June 17, 2003 CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Rex Potter; Councilmembers: Carolyn Morris, Keith Shankland, Greg Standerfer 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, Executive Secretary Kim Bush, Intern Kim Springer, Planning Director Bruce Payne, Senior Planner Dennis Killough, Deputy Director of Public Works Charlie Thomas, Finance Director Sharen Elam, Economic Development Director Greg Last, Director of Public Safety Rick Black, Chief of Police Marlin Price, Deputy Director of Administrative Services Garland Wilson, Director of Community Services Malcolm Jackson, Director of Human Resources Kevin Hugman, City Attorney Debra Drayovitch, and City Secretary Lori Farwell. WORK SESSION The work session was called to order by Mayor Wambsganss at 5:34 p.m. City Council reviewed the agenda items with city staff and applicants. Council added the following agenda items to the consent agenda: Items 7A, 7B, 7C, and 7D to table to July 15; 8C to table to July 15; 8D, 9A, 913, 9C, and 10A. REGULAR SESSION Agenda Item No. 1, Call to order: The regular session was called to order by Mayor Wambsganss at 6:01 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 6:11 p.m. and ended at 6:58 p.m. Agenda Item No. 2B, Reconvene Mayor Wambsganss reconvened the regular meeting at 7:08 p.m. No action was necessary as a result of the Executive Session. Agenda Item No. 3: The invocation was presented by Coy Quesenbury from Lonesome Dove Baptist Church. Mayor Wambsganss led the audience in the Pledge of Allegiance. Agenda Item No. 4, Reports A. Mayor's Report: The Mayor announced upcoming meetings and events. UNOFFICIAL CITY COUNCIL MEETING MINUTES, JUNE I7, 2003, PAGE I OF 8 B. City Manager's Report: Director of Public Safety Rick Black presented Life Saving Awards to DPS employees who assisted in saving a 22 -month old girl, Malorie Mequary, who fell into a local pool. The little girl recovered completely. CONSENT AGENDA 5A. Approval of the minutes of the City Council regular meeting held on June 3, 2003. Approved as presented. 5B. Cancellation or rescheduling of the July 1, 2003, City Council meeting_ The City Council agreed to cancel the July 1, 2003, meeting and move all corresponding public hearings to July 15, 2003. Several Councilmembers are unable to attend the July 1 meeting. 5C. Approval of final construction payment for Dove Road widening from SH 114 transition to the Kirkwood Boulevard intersection in the amount of $369,677.49. On September 10, 2002, the City Council approved a developer's agreement with Verizon Wireless that required the developer to widen Dove Road from SH 114 through the intersection at Kirkwood Boulevard. Anticipating minor changes during construction, $465,000 was approved by the City Council, but the developer's agreement allowed $345,686 for reimbursement. During the construction, it was determined that additional pavement markings and signage was needed to better control traffic flow and that paving the raised median with concrete pavers similar to what TxDOT had done at SH 114 would eliminate continuous maintenance of the median, as it was designed to be left with grass between the curbs. The final construction cost is $369,677.49. The FY 02/03, Council approved Capital Improvements Bond Program included $465,000 for Dove Road widening from SH 114 to Kirkwood Boulevard. 5D. Authorize the City Manager to execute a contract of sale and exchange of property between City of Southlake and Westerra Southlake, L.P. located west and south of Dove Road and west of White Chapel Road. On September 10, 2002, the City Council approved the developer's agreement for Solana Addition, Lot 1, Block 1 ( Verizon Wireless Network Observation and Control Center) located on the northwest corner of Dove Road and Kirkwood Boulevard. As part of the developer's agreement, Verizon agreed to reconstruct and widen Dove Road from where the state's construction ended through the Kirkwood Boulevard intersection to its ultimate section. The reconstruction and widening of Dove Road was recently completed. The roadway includes four travel lanes with a raised median and a left turn lane. With Verizon's final plat, sufficient right -of -way was dedicated along the north side of Dove Road to accommodate the widening. Sufficient right -of -way is not available along the south side of Dove Road along property owned by Westerra Southlake, L.P. Staff has negotiated an exchange of property with the Westerra Southlake, L.P. for right -of -way needed for Dove Road. The City will convey surplus right -of -way left at this intersection following the realignment of the intersection of Dove Road and North White Chapel Boulevard. The contract stipulates that the City will exchange four tracts of land, totaling 0.6273 acres, for one tract from Westerra Southlake, L.P., which totals 1.047 acres. Due to the difference in size of the tracts, one tract has significantly more value than the four tracts combined. 5E. Ordinance No. 835, 1 St reading, Abandoning and quit claiming a portion of Dove Road right -of -way. With the previous item, the City Council will authorize the City Manager to execute a contract of sale and exchange of property between the City of Southlake and UNOFFICIAL CITY COUNCIL MEETING MINUTES, JUNE l7, 2003, PAGE 2 OF 8 Westerra Southlake, L.P. The contract calls for abandoning and quit claiming three of the four tracts of right -of -way at the southwest corner of Dove Road and North White Chapel Boulevard to Westerra Southlake, L.P., in exchange for a strip of right -of -way along the south side of Dove Road. Ordinance No. 835 follows through with abandonment and quit claim of these tracts of right -of -way to Westerra Southlake, L.P. 5F. Authorize the Mayor to execute a Residential Developer's Agreement for Patterson's Pond, a 7.934 acre, 10 -lot residential subdivision The final plat for Patterson's Pond located on North Kimball Avenue was approved on May 22, 2003. The subdivision has a 400 -foot long cul -de -sac street and will include the installation of 497 feet of storm sewer, 445 feet of water lines, and 746 feet of sanitary sewer lines. The development also includes a pond. This is the City's standard Residential Developer's Agreement and includes no requests for waivers or credits. The developer desires to pay park fees in the amount of $15,000 in lieu of park land dedication. 7A. ZA02 -110, Concept Plan for Greenway Carroll Addition located on the southeast corner of North Carroll Avenue and State Highway 114. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #8. Table and continue the public hearing to the July 15, 2003, City Council meeting. 7B. Resolution No. 03 -032, (ZA02 -111) Specific Use Permit and Site Plan for a ash oline service station on the proposed Lot 1, Block 1, Greenway Carroll Addition. The property is located on the southeast corner of North Carroll Avenue and State Highway 114. Current Zoning: C -3 General Commercial District. SPIN Neighborhood 98. Table and continue the public hearing to the July 15, 2003, City Council meeting. 7C. Resolution No. 03- 033,(ZA02 -112) Specific Use Permit for the sale of alcoholic beverages on property described as proposed Lot 1, Block 1, Greenway Carroll Addition. The property is located on the southeast corner of North Carroll Avenue and State Highway 114. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #8. Table and continue the public hearing to the July 15, 2003, City Council meeting. 7D. ZA03 -003. Revised Preliminary Plat for Lots 1 and 2. Block 1 and Lot 1. Block Greenway Carroll Addition, on property located on the southeast corner of North Carroll Avenue and State Highway 114 and being approximately 10.56 acres. Current Zoning: C -3 General Commercial District. SPIN Neighborhood 98. Table to the July 15, 2003, City Council meeting. 8C. ZA03 -026, Site Plan for Lot 3, Block 1, Cornerstone Plaza, located on the south side of East Southlake Boulevard (FM 1709) approximately 600' east of South Nolen Drive. Current Zoning: S -P -2 Generalized Site Plan District with limited C -3 General Commercial District uses. SPIN Neighborhood #7. Table and continue the public hearing to the July 15, 2003, City Council meeting. 8D. ZA03 -027, Plat Revision for Lot 3, Block 1, Cornerstone Plaza, being a revision of Lot 2R2, Block 5, Cornerstone Business Park, and Tract 2, Tract 2C, and a portion of Tract 2A1, T. Easter Survey, Abstract No. 474, being approximately 3.66 acres. Since the property is already appropriately zoned under the current S -P -2 district, the plat is not dependent on the other agenda items. There are no significant issues with this plat. UNOFFICIAL CITY COUNCIL MEETING MINUTES, JUNE 17, 2003, PAGE 3 OF 8 9A. Resolution No. 03 -040, Authorizing an Investment DepositorX First State Bank served as the City's bank depository until 2002 when Wells Fargo acquired First State Bank. Currently, Wells Fargo is performing the duties of the City's depository. Approval of this resolution is a requirement of the bank's auditors. This is a housekeeping item. 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, AUTHORIZING AN INVESTMENT DEPOSITORY. 9B. Resolution No. 03 -041, Authorizing the application for participation in TexSTAR The city has invested funds in TexPool for many years. The addition of new pools has created the opportunity to manage funds more actively to gain the best rate of return, within the limits of the city's investment policies. Texas Short Term Asset Reserve Program "TexSTAR" is an investment pool to provide for the joint investment of participants' public funds and funds under their control. To open an account and appoint authorized representatives, TexSTAR requires that the city Council approve Resolution No. 03 -041. Staff is submitting this resolution for approval to provide the city with an additional investment option emphasizing safety and liquidity. 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, AUTHORIZING THE APPLICATION FOR PARTICIPATION IN TEXSTAR. 9C. Resolution No. 03 -042, Authorizing he application for participation in MBIA This item involves an opportunity similar to that described in the previous agenda item. MBIA Texas Class Investment Pool "MBIA" is an investment pool to provide for the joint investment of participants' public funds and funds under their control. To open an account and appoint authorized representatives, MBIA requires that the City Council approve Resolution No. 03 -042. Staff is submitting this resolution for approval to provide the city with an additional investment option emphasizing safety and liquidity. 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, AUTHORIZING THE APPLICATION FOR PARTICIPATION IN MBIA. 10A. Authorization to enter into an interlocal agreement with St. Martin's -in- the -Field Episcopal Church for practice ballfields Director of Community Services Malcolm Jackson presented this item to Council during the Work Session. The city has had a successful history of interlocal agreements for land use with St. Martin's -in- the -Field Episcopal Church and currently operates under two agreements for the use of four acres for practice soccer and baseball fields. The city received formal notification from the Church of their intent to terminate within six months the interlocal agreement for the two acres located along South Pearson Lane in preparation for the expansion of their facility. This results in the loss of two practice soccer fields. The remaining interlocal agreement for the two acres north of Chesapeake Park containing the practice baseball field continues. The Church has agreed to allow the city to use an additional two -acre site to the north of Chesapeake Park (contiguous with the park and the remaining leased area) to allow for the relocation of the practice soccer fields. In return, within two years from the effective date of the proposed agreement, the city would be responsible for clearing the proposed site, providing UNOFFICIAL CITY COUNCIL MEETING MINUTES, JUNE l7, 2003, PAGE 4 OF 8 appropriate grading and drainage, and irrigating the area. The site improvements (clearing, grading, and irrigation) are estimated to cost approximately $15,000, with anticipated funding being available in the FY 2003 -04 SPDC Fund (Special Projects). The city would also assume regular maintenance, however, at approximately two acres, the proposed lease site is comparable in size to the area which will be lost. Once established, the new area will require no additional on -going maintenance than what is already being provided. The Parks and Recreation Board reviewed and recommended approval at their June 9, 2003, meeting. Motion was made to approve consent agenda including Items 7A, 713, 7C, and 7D to table to July 15; 8C to table to July 15; 8D subject to Plat Review Summary No. 3, dated May 30, 2003; 9A, 913, 9C, and 10A. Motion: Standerfer Second: Shankland Ayes: Stephen, Evans, Shankland, Morris, Standerfer, Potter, Wambsganss Nays: None Approved: 7 -0 REGULAR AGENDA: Agenda Item No. 8E. ZA03 -036, Preliminary Plat for Saddlecreek Estates (F.K.A. Quail Hill Estates) on property described as Lots 1 through 4, Block 1, William H. Martin Survey, and being approximately 10. 15 acres. Senior Planner Dennis Killough presented this item to the Council. This property is located on the west side of Randol Mill Road, approximately 1,800' south of West Dove Road. The current zoning is SF -IA. The purpose of this request is to subdivide the property into four lots, averaging 2.5 acres each, for residential development. The density is 0.4 dwelling units per acre. A variance to the requirement that all lots front on a street is being requested. The four lots are proposed to front on a common access easement. This is similar to what has been permitted in a few two -lot residential subdivisions and in the commercial developments, Georgetown Park and Pecan Creek. If approved in this manner, each property owner (or HOA if one is established) shall be responsible for maintaining emergency access as required by DPS. The Planning and Zoning Commission recommended approval subject to review, allowing the requested variance on June 5, 2003. Applicant Tom Matthews, Four Peaks Development, 726 Commerce Street, Southlake, Texas, answered Council's questions. Mr. Matthews said there will be a mandatory homeowner's association. Motion was made to approve ZA03 -036 subject to Plat Review Summary No. 2, dated May 30, 2003, and requiring the following notations be included on the plat: there shall be no gate or other obstruction of access to the private access drive from Randol Mill without specific approval of the City Council and subject to the agreement of the developer to impose a mandatory homeowner's association for maintenance of the private access drive. Motion: Standerfer Second: Evans Ayes: Evans, Shankland, Morris, Standerfer, Potter, Stephen, Wambsganss Nays: None Approved: 7 -0 Agenda Item 6. Public Forum Diane Spradling, 125 North Pearson Lane, Southlake, Texas, expressed concern with the Johnson Road redevelopment project and specifically cited drainage problems and damage to UNOFFICIAL CITY COUNCIL MEETING MINUTES, JUNE l7, 2003, PAGE 5 OF 8 houses. She asked for Council's help to get the problem cleaned up. She submitted some photos of water damage which will be retained with the minutes. Susie O'Dell, 325 North Pearson Lane, Southlake, Texas, told the council she has lived on Pearson Lane for 25 years and has never had water problems until the Johnson Road reconstruction began. She asked for Council's help. Bert Poulin, 345 North Pearson Lane, Southlake, Texas, also cited drainage concerns and gave a copy of a 1997 letter from Hannon Engineering to the City Secretary. A copy of the letter will be retained with the minutes. Agenda Item No. 8A. Ordinance No. 480 -420 (ZA03 -020) 1 st Reading, Zoning Change and Concept Plan for Chapel Hill Office Park. Senior Planner Dennis Killough presented this item to the Council. This property is located at 205 East Southlake Boulevard (FM 1709). The current zoning is AG, the requested zoning is S -P -2, with 0-1 office district uses and regulations. The purpose of this request is to receive approval of the zoning and a concept plan for the development of eight office buildings. The plan presented to the Planning and Zoning Commission proposed nine office buildings, a building floor area range of 3,500 SF to 11,800 SF and a total floor area of 55,100 SF. The Planning and Zoning Commission had concerns about the density of the project, the on -site parking deficiency, the distance of the parking spaces to the buildings and the lack of walkways. P &Z denied this application, therefore, a super- majority vote is required at City Council. Applicant Steve Isbell, Realty Capital Corporation, 32 Village Lane, Suite 200, Colleyville, Texas, presented this item to Council and answered questions regarding impervious coverage, parking, and building configuration. Mr. Isbell stated that the overall site will not exceed 65% impervious coverage. The Mayor asked for comments from the audience. Jim Jeppe, 330 Glenrose Court, Southlake, Texas (SPIN #9W Representative), advised the Council that this item has not been through a SPIN meeting. He asked Council to allow them time to go through the SPIN process. Mr. Isbell said when they submitted this plan to the City, there was not a SPIN #9W representative. He said he would be happy to hold a SPIN meeting before the next Council meeting. Mayor Wambsganss said he would like the applicant to meet with SPIN and address their issues before returning to Council. He will support this application tonight but said he has a couple of suggestions that may better address the impervious coverage issue. Deputy Mayor Pro Tern Potter said he will support this tonight but expressed concerns regarding the impervious coverage on the property. He asked the applicant to address the impervious coverage before returning to Council. Motion was made to approve Ordinance No. 480 -420 (ZA03 -020) 1 st Reading, subject to Concept Plan Review Summary No. 4, dated June 13, 2003, and granting the requested variances. Motion: Standerfer Second: Shankland Ayes: Shankland, Morris, Standerfer, Potter, Stephen, Evans, Wambsganss UNOFFICIAL CITY COUNCIL MEETING MINUTES, JUNE l7, 2003, PAGE 6 OF 8 Nays: None Approved: 7 -0 Agenda Item No. 8B. Ordinance No. 480 -386a, (ZA03 -025) 1 st Reading, Zoning Change and Concept Plan for Lot 3, Block 1, Cornerstone Plaza Senior Planner Dennis Killough presented this item to the Council. This property is located on the south side of East Southlake Boulevard (FM 1709) approximately 600' east of South Nolen Drive, just east of Ultimate Electronics and west of Snookies. The current zoning is S -P -2 with limited C -3 uses; the requested zoning is S -P- 2 with limited C -3 uses. The purpose of this request is to receive approval of a revised concept plan for the development of retail and restaurant uses. The uses and other regulations are the same as the current S -P -2 zoning. The Planning and Zoning Commission recommended approval subject to review, specifically requiring cross - access with the east property, adopting regulations and uses as proposed, and granting a variance request of 10% reduction in parking on June 5, 2003. Applicant Kent Bell, JDJR Engineers and Consultants, 2500 Texas Drive, Irving, Texas, answered Council's questions about the project. At Council's request, Mr. Bell agreed to continue the Snookie's sidewalk west to the driveway into this property which will allow for pedestrian traffic between the two sites. Motion was made to approve Ordinance No. 480 -386A (ZA03 -025) 1 st Reading, subject to Concept Plan Review Summary No. 3, dated May 30, 2003, and granting the 10% reduction in required number of parking spaces and accepting the applicant's willingness to continue the sidewalk from the Snookie's site to the driveway of this property. Motion: Standerfer Second: Potter Ayes: Morris, Standerfer, Potter, Stephen, Evans, Shankland, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. lOB. Authorization of a variance to Sign Ordinance No. 704 -A for PETsMART located at 200 Village Center Drive Deputy Director of Administrative Services Garland Wilson presented this item to the Council. PETsMART located at 200 Village Center Drive, is requesting a variance to install a 29 sq. ft. oval sign depicting the "PETsHOTEL" logo. This would increase the number of signs at this site to a total of five and would increase the overall sign area from 300 sq. ft. to 329 sq. ft. The previous four signs were approved under Sign Ordinance No. 506 which did not limit the number of signs. The allowable area under Ordinance No. 506 when the previous signs were installed was 279 sq. ft. and was increased to 300 sq. ft. by a variance to install a horse logo in 1998. Allowable area under the present Ordinance No. 704 -A is 140 sq. ft. Applicant Gregory Davis, Thomas Signs, 4590 118 Avenue North, Clearwater, Florida, presented this item to Council and answered Council's questions. Mayor Wambsganss said he would not be opposed to the replacement of one of their current signs with a new sign, "Pethotel," but he thinks it is getting far too busy. There are too many signs on the building. Councilmember Standerfer agreed stating that he does not want to increase the overall number of signs but would not be opposed to them adding the word, "Pethotel," onto an existing sign. He said they should either remove one sign altogether or combine an existing sign with the new word, "Pethotel," staying within the approximate same square footage. UNOFFICIAL CITY COUNCIL MEETING MINUTES, JUNE l7, 2003, PAGE 7 OF 8 Deputy Mayor Pro Tern Potter agreed stating that they would be able to keep the same number of signs but would incorporate the new wording within those already allowed spaces. Motion was made to approve a variance to Sign Ordinance No. 704 -A for PETsMART to allow for the replacement of either the "Grooming" sign or the `Banfields" sign with the proposed "Pethotel" sign as proposed by the applicant (not approving an additional sign). Motion: Standerfer Second: Shankland Ayes: Standerfer, Potter, Stephen, Evans, Shankland, Morris, Wambsganss Nays: None Approved: 7 -0 Agenda Item 12. Meeting Adjourned With there being no further business to discuss, Mayor Wambsganss asked for a motion to adjourn the meeting at 9:00 p.m. Motion: Shankland Second: Potter Ayes: Potter, Stephen, Evans, Shankland, Morris, Wambsganss Nays: None Approved: 7 -0 Andy Wambsganss Mayor ATTEST: Lori A. Farwell City Secretary UNOFFICIAL CITY COUNCIL MEETING MINUTES, JUNE l7, 2003, PAGE 8 OF 8