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2006-09-05 CITY OF SOUTHLAKE OFACIAL RECORD REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 5.2006 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris and Deputy Mayor Pro Tern John Terrell; and Councilmembers Laura K. Hill, Gregory Jones (left meeting at 7:05 p.m.), and Virginia M. Muzyka, and Vernon Stansell. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Community Relations Officer Pilar Schank, Manager of Technical Services Gary Gregg, Audio Information Systems Technician Sam Cobb, Director of Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Assistant Finance Director Sharon Guess, Assistant Finance Director Sean Leonard, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis Killough, Chief of Police Services Wade Goolsby, Director of Public Works Bob Price, Deputy Director of Public Works Gordon Mayer, Construction Manager Clayton Redinger, Assistant to the Public Works Director Cristina McMurray, Library Administrator Kerry McGeath, City Attorney Tim Sralla, and City Secretary Lori Farwell. WORK SESSION: Agenda Item No.1. Call to order. The work session was called to order by Mayor Wambsganss at 5:11 p.m. Agenda Item No.2. Discussion of the creation of a storm water utility district. City Manager Yelverton introduced this item. Director Price presented this item to Council. City Manager Yelverton, Director Price, and consultant Diane Palmer of Palmer-Price, Inc., answered Council's questions. Agenda Item No.3. Discussion of all items on tonight's meeting agenda. City Council reviewed the agenda items with city staff and applicants. The work session was closed by Mayor Wambsganss at 6:24 p.m. REGULAR SESSION: Agenda Item No.1. Call to order. The regular seSSIOn was called to order by Mayor Wambsganss at 6:24 p.m. Mayor Wambsganss announced Council would do items 3 and 4A2 prior to going into executive session and then continue with the remainder of the agenda after executive session. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 1 of 15 Agenda Item No.3. Invocation. The invocation was given by Tom Pennington from Countryside Bible Church. Mayor Wambsganss led the audience in the pledge of allegiance. Agenda Item No. 4A2. Proclamation for Southlake Baseball Association Green Dragons - USSSA 9 and Under W orId Series Champions. Mayor Wambsganss presented this proclamation to the coaches and players of the team. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.073, deliberation regarding prospective gift or donation; Section 551.074, deliberation regarding personnel matter; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:32 p.m. Executive Session began at 6:50 p.m. and ended at 7:40 p.m. Councilmember Jones had to leave the meeting during the executive session. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:48 p.m. and asked if any motion was necessary from Executive Session. No action was necessary. Agenda Item No. 4A. Mayor's Report. No report was given. Agenda Item No. 4A1. Proclamation for Polycystic Kidney Disease Awareness Month. Mayor Wambsganss presented this proclamation to resident, Jamie Cadiz, who recently received a kidney transplant. Mayor Pro Tern Morris announced the upcoming PKD Walk on September 16. Agenda Item No. 4B1. City Manager's Report. No report was given. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 5A. Approve the minutes from the August 15. 2006. regular City Council meeting; the August 22. 2006. City Council budget work session; the August 24. 2006. City Council ioint meeting with the Crime Control and Prevention District; and the August 24. 2006. City Council ioint meeting with the Planning and Zoning Commission. A presentation was not made on this item. Agenda Item No. 5B. Excuse members of the City Council and of the Planning and Zoning Commission for absences from meetin~s. Councilmember Stansell was absent from the August 15, 2006 City Council Meeting and Chairman Al Morin was absent from the August 17, 2006 Planning and Zoning Commission meeting. Agenda Item No. 5C. Resolution No. 06-057. Appoint members to the Crime Control and Prevention District Board. Council discussed appointing Bob Mundlin, Biff McGuire, and Craig REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 2 of 15 Sturtevant to the Crime Control and Prevention District Board. 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 PERSONS TO SERVE AS THE BOARD OF DIRECTORS FOR THE SOUTHLAKE CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 5D. Approve Southlake Parks Development Corporation Matching Funds for Safety Town architectural design. A presentation was not made on this item. Agenda Item No. 5E. Approve an interlocal agreement with the City of North Richland Hills for animal impoundment services. Chief Goolsby presented this item to Council during the work seSSIOn. Agenda Item No. 5F. Ordinance No. 530-B. 1st Reading. Amending Chapter 4. Section 1. regarding "Control and Care" and Section 2 "Procedures. Fees. Length of Stay. Redemption and Disposal Policies" of the Southlake City Code regarding animals. Chief Goolsby presented this item to Council during the work session. Agenda Item No. 5G. Ordinance No. 897. 1st Reading. Amending Chapter 18. Section 18-79 of the Southlake City Code establishing a new speed limit on a portion of North Carroll Avenue and on two portions of Kimball Avenue. This item was tabled to the September 19, 2006 City Council meeting. Agenda Item No. 5H. Authorize staff to publish the maximum allowable storm water utility fee and establishing ordinance in the city's newspaper of record. in anticipation of public hearings to be held in October 2006. City Manager Yelverton and Director Price presented this item to Council during the work session. Agenda Item No. 51. Resolution No. 06-053. Limiting the requirement to adopt library operating policies by resolution. A presentation was not made on this 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, LIMITING THE REQUIREMENT TO ADOPT LIBRARY OPERATING POLICIES BY RESOLUTION; PROVIDING AN EFFECTIVE DATE. Agenda Item No. 5J. Consider SP06-357. Variance to Sign Ordinance No. 704-B for Dry Clean Super Center located at 1957 West Southlake Boulevard. Suite 100. Applicant Sid Hollingsworth answered Council's questions during the work session. Agenda Item No. 5K. Ordinance No. 480-MMM. 1 st Reading. Amendment to the Comprehensive Zoning Ordinance No. 480. as amended. as it pertains to requirements in the Concept Plan. Development Plan. Site Plan. and Accessory Use sections. A presentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 3 of 15 Agenda Item No. 5L. Ordinance No. 480-NNN. 15t Reading. Amendments to the Comprehensive Zoning Ordinance No. 480. as amended. including sidewalk requirements and minimum lot size standards for open space lots in residential zoning districts. A presentation was not made on this item. Agenda Item No. 5M. Ordinance No. 483-K. 15t Reading. Amendments to the Subdivision Ordinance No. 483. as amended. including sidewalk requirements. A presentation was not made on this item. Agenda Item No. 5N. Ordinance No. 480-LLL. 2nd Reading. An amendment to the Comprehensive Zoning Ordinance No. 480. as amended. as it pertains to the creation of the SF-2 Single Family Residential Zoning District. This item was tabled by staff until the September 19, 2006, regular City Council meeting. Agenda Item No. 50. Ordinance No. 480-480. 2nd Reading (ZA05-068). Zoning Change and Concept Plan for Southlake Crossroads (f.k.a. Carroll Crossroads) on property described as being a portion of Tract 4G. O. W. Knight Survey. Abstract No. 899: located at the southwest comer of East Southlake Boulevard and South Carroll Avenue. Current Zoning: AG Agricultural District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #ge. The applicant requested to table this item until the September 19, 2006, regular City Council meeting. Agenda Item No. 5P. ZA05-173. Preliminary Plat for Tracts 4G. 4Dl. and 4El. O.W. Knight Survey. Abstract No. 899. The property is approximately 19.3 acres located approximately 340 feet west of the southwest comer of South Carroll Avenue and East Southlake Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #ge. The applicant requested to table this item until the September 19,2006, regular City Council meeting. Motion was made to approve consent agenda items 5A as presented; 5B to excuse the absences of Councilmember Stansell from the August 15, 2006, City Council meeting and Chairman Al Morin from the August 17, 2006, Planning and Zoning Commission meeting; 5C to appoint Bob Mundlin, Biff McGuire, and Craig Sturtevant to the Crime Control and Prevention District board; 5D; 5E; 5F; 5G to table to the September 19,2006, City Council meeting; 5H to publish the maximum allowable rate of $8.50 for residential and the rate for commercial uses as presented; 51; 5J to approve the applicant's proposed sign type that is similar to that of The Container Store; 5K; 5L; 5M; 5N to table to the September 19,2006, City Council meeting; 50 to table to the September 19, 2006, City Council meeting; and 5P to table to the September 19, 2006, City Council meeting. Motion: Terrell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 4 of 15 REGULAR AGENDA: Agenda Item No.6. Public Forum. No one spoke. Agenda Item No. 7 A. Consider placing a proposal to adopt a tax rate increase and hold a public hearing on the tax rate on the agenda of the September 19,2006, regular City Council meeting. Director Jackson presented this item to Council. No one spoke during the public hearing. Motion was made to approve placing a proposal to adopt a tax rate increase and hold a public hearing on the tax rate on the agenda ofthe September 19, 2006, regular City Council meeting. Motion: Terrell Second: Muzyka Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7B. Approve the Southlake Crime Control and Prevention District FY 2006-07 Operating Budget and multi-year CIP. Director Jackson presented this item to Council. No one spoke during the public hearing. Motion was made to approve the Southlake Crime Control and Prevention District FY 2006-07 Operating Budget and multi-year CIP. Motion: Terrell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7C. Ordinance No. 898, 1 sl Reading, Annual budget for FY 2006-07 and revised budget figures for FY 2005-06 and multi-year CIP. Director Jackson presented this item to Council. No one spoke during the public hearing. Motion was made to approve Ordinance No. 898, 1 sl Reading, Annual budget for FY 2006-07 and revised budget figures for FY 2005-06 and multi-year CIP. Motion: Terrell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 5 of 15 Agenda Item No. 7D. Ordinance No. 899. 1st Reading. Tax levy ordinance. Mayor Wambsganss presented this item. No one spoke during the public hearing. Motion was made to recommend approval of Ordinance No. 899, 1 st Reading, Tax levy ordinance, which formally sets the tax rate at $.462 per $100 and acknowledges that property taxes will be increased by the adoption of a tax rate of .462. Motion: Terrell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7E. Ordinance No. 480-481. 2nd Reading. (ZA05-l46) Zoning Change and Site Plan for Bicentennial Plaza located at 410 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #10. Chief Planner Killough presented this item to Council in conjunction with items 7F and 7G. Applicant's representative, Greg Standerfer, also made a presentation and answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSNE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 3D5, SITUATED IN THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, BEING APPROXIMATELY 1.35 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2" LOCAL RETAIL COMMERCIAL DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATNE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTNE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-481, 2nd Reading, (ZA05-l46) Zoning Change and Site Plan for Bicentennial Plaza located at 410 West Southlake Boulevard specifically REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 6 of 15 granting the requested variances and subject to Revised Site Plan Review Summary No.3, dated March 29, 2006. Motion: Terrell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7F. Approve a reciprocal parking agreement with Bicentennial Retail Plaza. L.P. Chief Planner Killough presented this item to Council in conjunction with items 7E and 7G. Applicant's representative, Greg Standerfer, also made a presentation and answered Council's questions. Motion was made to approve a reciprocal parking agreement with Bicentennial Retail Plaza, L.P., as presented. Motion: Terrell Second: Muzyka Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7G. Consider SP06-362. Variance to Sign Ordinance No. 704-B for Bicentennial Plaza located at 410 West Southlake Boulevard. Chief Planner Killough presented this item to Council in conjunction with items 7E and 7F. Applicant's representative, Greg Standerfer, also made a presentation and answered Council's questions. Motion was made to approve SP06-362, Variance to Sign Ordinance No. 704-B for Bicentennial Plaza located at 410 West Southlake Boulevard specifically granting the three requested variances but noting that other than the variance on the letter heights, the attached signage will meet all other regulations of the existing sign ordinance; requiring the monument signs to be brought back to City Council for approval; and keeping some uniformity of fonts and colors. Motion: Terrell Second: Stansell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7H. ZA06-091. Site Plan for Lots 1 and 2. Block 1. Gatewav Plaza Addition. located at 2801 and 2821 East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council. Applicant, Jason Kasal with the Inland Group, also made a presentation. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 7 of 15 Motion was made to approve ZA06-091, Site Plan for Lots 1 and 2, Block 1, Gateway Plaza Addition subject to Site Plan Review Summary No.3, dated August 30, 2006, granting the requested variances; and noting the entire retaining wall will be constructed of stone. Motion: Terrell Second: Stansell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 71. Resolution No. 06-054. (CP06-003). Amendment to the Future Land Use Plan from Low Density Residential to Medium Density Residential for approximately 29 acres located at 515. 545. and 565 Randol Mill Avenue (proposed Camden Park). Chief Planner Killough presented this item in conjunction with items 7J and 7K. Applicant David McMahan of Four Peaks Development, 726 Commerce Street, Southlake, Texas, also made a presentation and answered Council's questions. 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, AMENDING THE CONSOLIDATED 2005 FUTURE LAND USE PLAN, AN ELEMENT OF THE SOUTHLAKE 2025 PLAN, THE CITY'S COMPREHENSIVE MASTER PLAN. No one spoke during the public hearing. Due to the surrounding developments and medium density residential being a more appropriate designation, a motion was made to approve Resolution No. 06-054, (CP06-003), amendment to the Future Land Use Plan from Low Density Residential to Medium Density Residential for approximately 29 acres located at 515, 545, and 565 Randol Mill Avenue (proposed Camden Park) as presented. Motion: Terrell Second: Stansell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7J. Ordinance No. 480-501. 2nd Reading. (ZA06-097). Zoning Change and Development Plan for Camden Park located at 515. 545. and 565 Randol Mill Avenue. Current Zoning: AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #13. Chief Planner Killough presented this item in conjunction with items 71 and 7K. Applicant David McMahan of Four Peaks Development, 726 Commerce Street, Southlake, Texas, also made a presentation and answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 8 of 15 TRACTS IE & 1D1 AND A PORTION OF TRACTS 1D2 & lEI, SITUATED IN THE B.J. FOSTER SURVEY, ABSTRACT NO. 519, BEING APPROXIMATELY 8.85 ACRES, AND MORE FULLY AND COMPLETEL Y DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICUL TURAL DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING "PUD" DEVELOPMENT STANDARDS, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-501, 2nd Reading, (ZA06-097), Zoning Change and Development Plan for Camden Park located at 515, 545, and 565 Randol Mill Avenue subject to applicant's agreement to berm and landscape properties on the north and south sides of his development along Randol Mill as indicated on the renderings shown this evening; requiring a wrought iron fence at the end of the street stub; and subject to Development Plan Review Summary No.3, dated August 30, 2006. Motion: Terrell Second: Stansell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7K. ZA06-098. Preliminary Plat for Camden Park located at 515.545. and 565 Randol Mill Avenue. Current Zoning: AG Agricultural District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #13. Chief Planner Killough presented this item in conjunction with items 71 and 7J. Applicant David McMahan of Four Peaks Development, 726 Commerce Street, Southlake, Texas, also made a presentation and answered Council's questions. Motion was made to approve ZA06-098, Preliminary Plat for Camden Park located at 515, 545, and 565 Randol Mill Avenue subject to Plat Review Summary No. 3, dated August 30, 2006. Motion: Terrell Second: Stansell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 9 of 15 Agenda Item No. 7L. Ordinance No. 480-JJJ. 2nd Reading. Amendment to the Comprehensive Zoning Ordinance No. 480. as amended. to address requirements for septic systems. Mayor Wambsganss presented this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING SECTION 33, SUBSECTION 33.14, TO CLARIFY THE METHOD OF CALCULATING THE MINIMUM AREA REQUIRED FOR USE OF A SEPTIC TANK; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-JJJ, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, to address requirements for septic systems. Motion: Second: Ayes: Nays: Approved: Terrell Stansell Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss None 6-0 Mayor Wambsganss called for a break at 9:07 p.m. and reconvened the meeting at 9:27 p.m. Agenda Item No. 7M. Resolution No. 06-034. (ZA06-079). Svecific Use Permit for the sale of alcoholic beverages at Russ Martin's Bar & Grill located at 621 East Southlake Boulevard. Suite A. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #ge. Chief Planner Killough presented this item to Council. Applicant Don Hedler, 8703 Allenbrook Court, Dallas, Texas, made a brief presentation and answered Council's questions. 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, LOCATED AT 621 E. SOUTHLAKE BOULEVARD, SUITE A, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 3R, BLOCK 60, TIMARRON ADDITION PHASE 5, 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. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 10 of 15 Motion was made to approve Resolution No. 06-034, (ZA06-079), Specific Use Permit for the sale of alcoholic beverages at Russ Martin's Bar & Grill located at 621 East Southla.ke Boulevard, Suite A, subject to the terms ofthe existing lease which expires October 31,2010. Motion: Stansell Second: Terrell Ayes: Hill, Muzyka, Stansell, Terrell, Wambsganss Nays: Morris Approved: 5-1 Agenda Item No. 7N. ZA06-094. Site Plan for Block 22. Southla.ke Town Square. located at the 1500 block of East Southla.ke Boulevard between Central Avenue and Summit Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council in conjunction with item 70. Applicant Brian Stebbins also made a presentation and answered Council's questions. No one spoke during the public hearing. Motion was made to approve ZA06-094, Site Plan for Block 22, Southla.ke Town Square, located at the 1500 block of East Southla.ke Boulevard between Central Avenue and Summit Avenue, subject to Revised Site Plan Review Summary No.2, dated August 17, 2006; granting the requested variances for driveway stacking depths and landscaping island widths; subject to the recommendations of the Planning and Zoning Commission; and accepting the applicant's willingness to plant more trees in the parking lot islands than what is shown. Motion: Stansell Second: Terrell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 70. ZA06-095. Preliminary Plat for Lots 2 - 7. Block 22. Southla.ke Town Square. located at the 1500 block of East Southla.ke Boulevard between Central Avenue and Summit Avenue. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council in conjunction with item 7N. Applicant Brian Stebbins also made a presentation and answered Council's questions. Motion was made to approve ZA06-095, Preliminary Plat for Lots 2 - 7, Block 22, Southla.ke Town Square, subject to Plat Review Summary No.2, dated August 11,2006. Motion: Stansell Second: Terrell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7P. ZA06-109. Revised Site Plan for Lot 2. Block 4R. Southla.ke Town Square Addition. on prol'ertv located at 1460 Main Street. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item to Council. Applicant Ken REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 11 of 15 Gruskin of Gruskin Group also made a presentation to Council. Applicant Brian Stebbins answered Council's questions. Council discussed this request. No one spoke during the public hearing. Motion was made to approve ZA06-109, Revised Site Plan for Lot 2, Block 4R, Southlake Town Square Addition, on property located at 1460 Main Street, subject to Site Plan Review Summary No.2, dated August 11, 2006; noting the street tree must stay in its present location; and allowing the awnings as presented but will give them three months after the opening date of the store to bring the awnings back to City Council for final approval. Motion: Terrell Second: Stansell Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 70. Resolution No. 06-055, (ZA06-115) Specific Use Permit for a mass gathering event - Southlake 50th Anniversary Celebration - located at the northeast comer of South Carroll Avenue and East Southlake Boulevard. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Mayor Wambsganss presented this 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, GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT THE NORTHEAST CORNER OF E. SOUTHLAKE BLVD. AND N. CARROLL AVENUE, BEING LEGALLY DESCRIBED AS SOUTHLAKE TOWN SQUARE PHASE I, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 4892, 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. No one spoke during the public hearing. Motion was made to approve Resolution No. 06-055, (ZA06-115) Specific Use Permit for a mass gathering event for the Southlake 50th Anniversary Celebration. Motion: Terrell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7R. Resolution No. 06-056, (ZA06-116) Specific Use Permit to allow a tent sale at American Backyard located at 200 North Kimball Avenue, Suite 225. Current Zoning: C- 3 General Commercial District. SPIN Neighborhood #8. Chief Planner Killough presented this REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 12 of 15 item to Council. Applicant Dino Lukino also made a presentation and answered Council's questions. 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 A TENT FOR THE PURPOSE OF PROMOTING RETAIL SALES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT THE SOUTHLAKE CORNERS DEVELOPMENT, BEING LEGALLY DESCRIBED AS LOT 2A, BLOCK 1, FARRAR ADDITION, 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. No one spoke during the public hearing. Mayor Pro Tem Morris left the Council Chambers. Motion was made to approve Resolution No. 06-056, (ZA06-116) Specific Use Permit to allow a tent sale at American Backyard located at 200 North Kimball Avenue, Suite 225, specifically noting a sign has not been requested nor will one be displayed. Motion: Stansell Second: Terrell Ayes: Muzyka, Stansell, Terrell, Wambsganss Nays: Hill Approved: 4-1 Mayor Wambsganss called for a break at 11 :07 p.m. and reconvened the meeting at 11 :23 p.m. Agenda Item No. 8A. Ordinance No. 480-502. 1st Reading. (ZA06-122). Zoning Change and Concept Plan for The Gardens at Stratfort Pare. on a portion of Tract 3A. H. Granberry Survey. Abstract No. 581: located at 425 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #14. Chief Planner Killough presented this item to Council. Applicant Paul Spain of Terra Land Management and Hat Creek Development, 395 West Northwest Parkway, Suite 300, Southlake, Texas, also made a presentation and answered Council's questions. Motion was made to approve Ordinance No. 480-502, 1st Reading, (ZA06-122), Zoning Change and Concept Plan for The Gardens at Stratfort Pare, subject to Revised Concept Plan Review Summary No.1, dated August 17,2006; granting the requested variances; noting the applicant's agreement to bring forward a landscape plan by the second reading of this request; and granting the applicant's request for relief of the street access to the south. Motion: Terrell Second: Muzyka Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 13 of 15 Agenda Item No. lOA. Consider SP06-384. Variance to the Gateway Plaza Phase II Conditional Sign Permit for Compass Bank located at 2650 East Southlake Boulevard. Chief Planner Killough presented this item to Council. Applicant Mickey Ford of Accent Graphics, 523 East Rock Island, Grand Prairie, Texas, answered Council's questions. Motion was made to deny SP06-384, variance to the Gateway Plaza Phase II Conditional Sign Permit for Compass Bank located at 2650 East Southlake Boulevard. Motion: Terrell Second: Hill Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Vote: 6-0 to deny Agenda Item No. lOB. Consider SP06-385. Variance to Sign Ordinance No. 704-B for Roxann Taylor & Associates Realtors located at 640 North Carroll Avenue. Chief Planner Killough presented this item to Council. The applicant was present but did not speak. Motion was made to approve SP06-385, variance to Sign Ordinance No. 704-B for Roxann Taylor & Associates Realtors located at 640 North Carroll Avenue. Motion: Terrell Second: Morris Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. IOC. Consider SP06-386. Variance to Sign Ordinance No. 704-B for RE.B. Photo located at 1101 East Northwest Parkway. Suite 114. Chief Planner Killough presented this item to Council. Applicant Bob Beauvais ofRE.B. Photo answered Council's questions. Motion was made to approve SP06-386, variance to Sign Ordinance No. 704-B for RE.B. Photo located at 1101 East Northwest Parkway, Suite 114, granting the requested variances to letter heights; removing any lettering on the logo which will be shrunk down so that it only includes the dragon and the camera; reducing the logo to fit within the upper and lower borders of what is shown as green-colored background; reducing the maximum area; and clarifying that the requested variance for the minimum letter height of two inches will be eliminated since the lettering around the logo is no longer being requested. Motion: Terrell Second: Muzyka Ayes: Hill, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 11A. Smoking Ordinance. Director Baker presented this item to Council. Councilmember Stansell said he has asked staff to review our current ordinance. Council briefly discussed this item. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 14 of 15 Agenda Item No. 12. Mayor Wambsganss adjourned the meeting at 12:18 a.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. ~ /h: ~ =___ ~bSganSS Mayor ATTEST: w&e~T~ City Secretary ",'1111'"" ",,"'o\J THI ~"'" ...,'" !< s .......";'1~~'" $' 0 .... ....'-; \ ~. .".. :::...: it. ~_: ,. L e _ . \\1 .. .r-. .~_ --a . : :0. . - ~ \ 'Jr:nff ~_ "1$ .- ~ .,.,., lit"".., .._.$' <I-' '~$..o... ... ~, ...... "'I, *** ...., t9, 11'".. It" \' REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 5, 2006 Page 15 of 15 i • . . 1 _ 3 , Z vifta CD • II almmm (1) t 111111111ft IN Ilimmi • la Nu 1 4"111 li. - dit 1 iiii 111 Z. 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The City of Southlake is considering the establishment of a Stormwater Utility System to help the City specifically target problems related to stormwater runoff. A monthly fee will be charged to developed properties within the City to fund the costs of the Stormwater Utility. The fee will be based on the properties' potential to generate stormwater runoff and will be billed along with the monthly water, wastewater and solid waste bill. Revenues of the Stormwater Utility System will be used exclusively to fund the infrastructure and activities needed to control stormwater runoff and improve water quality from stormwater runoff, including: 1. acquisition of land, rights -of -way and easements; 2. construction of new facilities and repair of existing stormwater infrastructure; 3. financing of stormwater infrastructure with securities or obligations issued by the City; and 4. funding of operation and maintenance expenses of the stormwater utility. More than 38 cities in the North Texas area, including Colleyville, Grapevine, Keller, Trophy Club, Flower lvlound and Fort Worth currently have a Stormwater Utility System. Stormwater fees are designed to treat i properties equitably based on how much stormwater is likely to run off from the properties considering their ( respective size and land use among the various customer classes. Southlake plans to set a monthly stormwater fee that will be the same for single family dwelling units, much like the current average solid waste fee for residential properties. The fee for commercial (including commercial, industrial, educational, and institutional) properties will be calculated individually in proportion to 4 the commercial properties' runoff potential compared to residential properties as a whole. Monthly fees for commercial properties are usually greater than residential fees, because the commercial properties are much larger than single family properties. 3 Southlake will hold public hearings to discuss the ordinances that will create the Stormwater Utility System and set fees for the stormwater utility. The City Council will consider the level of funding for Stormwater activities that should be assessed under the Stormwater Utility, including: 10 -Year Total Revenue Requirements Operations & Maintenance Expenses: $ 1,100,000 Capital Improvement Projects (Debt Service): $ 7,000,000 $ 8,100,000 Residential Stormwater Runoff Potential T , i 1 1 I I 0. I 4 5 I p 1 • Total Property Area: 22,021 SF Building Area: 3,764 SF 4 Total Impervious Area: 6,030 SF 4 Stormwater Fee: $ 7.00 ti Total Property Area: 87,656 SF Building Area: 2,564 SF Total Impervious Area: 4,756 SF Stormwater Fee: $ 7.00 Commercial Stormwater Runoff Potential 2 ii V J! + Nhh 1 • { r . _ - -_°�p'Y! o va I .r•a ....Is 0■4 1 Total Property Area: 163,001 SF Building Area: 26,293 SF Total Impervious Area: 76,924 SF Stormwater Fee: $ 84.23 ORDINANCE NO. 900 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING A MUNICIPAL STORMWATER (DRAINAGE) UTILITY SYSTEM; SETTING FORTH DEFINITIONS; ESTABLISHING STORMWATER CHARGES AND MONTHLY STORMWATER UTILITY SYSTEM FEES; ESTABLISHING THE BILLING AND PAYMENT OF STORMWATER (DRAINAGE) FEES; PROVIDING PENALTIES AND REMEDIES FOR FAILURE TO PAY FEES; PROVIDING EXEMPTIONS FROM AND ADJUSTMENT OF FEES; ESTABLISHING PROGRAM RESPONSIBILITIES AND A STORMWATER UTILITY SYSTEM FUND; PROVIDING PROCEDURES FOR APPEALS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, within the City of Southlake there is an existing stormwater system which has been developed over a number of years for the purpose of collecting and disposing of stormwater runoff; and WHEREAS, the present stormwater system is inadequate to control and manage stormwater runoff within the City limits; and WHEREAS, it is necessary and essential to ensure that the collection of stormwater runoff and control of stormwater within the City limits adequately protects the health, safety, and welfare of the citizens of the City including, but not limited to, the protection from loss of life and damage to property caused by surface water overflows and surface water stagnation; and WHEREAS, it is necessary and essential that the City address the various water quality and environmental issues that may further burden its stormwater infrastructure requirements; and WHEREAS, notice of a hearing to consider this Ordinance was duly, properly and legally given; and WHEREAS, Chapter 402, Subchapter C, of the Texas Local Government Code, as amended, authorizes the City to establish a municipal drainage (stormwater) utility system within the boundaries of the City; and WHEREAS, the Act authorizes the City to provide rules for the use, operation and financing of a drainage (stormwater) utility system; and WHEREAS, the Act authorizes the City to prescribe bases upon which to fund a drainage (stormwater) utility system and to assess the fees and charges to support the system; and WHEREAS, the Act authorizes the City to provide exemptions of certain governmental and other entities or persons from the payment of these charges; and W:\Southlake\Ordinances\Storm Water\Stormwater.090506.Final.doc Page I WHEREAS, the City desires to adopt the Act and establish a stormwater utility system as a public utility; and WHEREAS, in setting the schedule of charges for stormwater service, the calculations are based on an inventory of the lots and tracts within the City and the area of and type of development on the benefitted properties; and WHEREAS, it is the intent of the City to fund the stormwater utility system in a manner that fairly and equitably allocates the cost of stormwater control to properties in proportion to stormwater runoff potential for each class of property. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. DEFINITIONS The following definitions apply to the establishment and the operation of the Stormwater Utility System: 1. Act: means Chapter 402, Subchapter C, of the Texas Local Government Code, as amended. 2. Allocated Portion of a Parcel: means that portion of a parcel which has been allocated to an owner or customer based on the area utilized by the owner or customer compared to the total area of a parcel. 3. Benefitted Property means an improved parcel, lot or tract to which stormwater service is made available. 4. C means the City of Southlake. ltlc- 5. Customer: means the person(s) or entity(ies) recorded as the customer or user of utility services for a parcel as recorded in the records of the City's utility billing system. 6. Director: means the Director of Public Works of the City or his designated representative. 7. Dwelling Unit: means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by applicable City codes, for not more than one family, or a congregate residence for 10 or less persons. A dwelling unit may be a single family house, a town home, a manufactured home or a portion of a duplex, triplex or quadplex. 8. Impervious Area (or Impervious Surfaced means a surface that has been compacted or covered with a layer of material so that it is resistant to infiltration by water and does not have a natural state of vegetative cover. Impervious areas include, but are not limited to, WASouthlake\Ordinances\Storm Water\Stormwater.090506.Final.doc Page 2 compacted soils with a surface treatment, gravel or crushed stone surfaces, asphalt or concrete pavement, parking lots, driveways, sidewalks and private roadways, and buildings, and other man-made structures, surfaces, or uses that change the natural surface of the land and have the effect of increasing, concentrating, or otherwise altering stormwater runoff. 9. Improved Parcel: means a lot or parcel that has been changed from its natural state by construction of a structure or other improvement on it that causes an impervious surface or coverage of the soil on the property. 10. Non-Residential Property: means an improved parcel which is not a residential property. 11. Owner: means the person(s) or entity(ies) recorded as the owner of a parcel as recorded in the records of the Tarrant County Appraisal District or Denton County Appraisal District. 12. Parcel: means one or more lots or tracts, or portions of lots or tracts. 13. Residential Property: means an improved parcel upon which not more than four (4) dwelling units are constructed. 14. Service Area: means the area within the boundaries of the City of Southlake. 15. Stormwater Infrastructure or Drainage Infrastructure: means the property, real, personal or mixed, that is used in providing stormwater capacity to manage and control stormwater runoff for the stormwater utility system, including bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, retention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the stormwater runoff away, collect, store, or treat the stormwater runoff, or divert the stormwater runoff into natural or artificial watercourses. Drainage infrastructure has the same meaning as stormwater infrastructure. 16. Stormwater Operations and Maintenance Expenditures: means any expenditures that are required to finance, operate and maintain stormwater infrastructure including debt service, equipment, personnel, educational and administrative expenditures. 17. Stormwater Only Account: means a utility billing account established for the sole purpose of billing applicable stormwater utility fees where other utility services are provided privately or through suppliers other than the City. 18. Stormwater Runoff Potential: means relative potential for causing stormwater runoff quantities or velocities from a parcel based on the type of development or land use on the parcel and the size of the parcel. WASouthlake\Ordinances\Storm Water\Stormwater.090506.Final.doc Page 3 19. Stormwater Utility Fee or Drainage Utility Fee: means the charge, including interest and penalties, paid by the owner or customer of a benefitted property for stormwater services provided by the stormwater utility system, including, but not limited to, the items described in the definition of "cost-of-service" in Section 402.044(2) of the act. Stormwater utility fee has the same meaning as the drainage utility fee. 20. Stormwater Utility Fee Ordinance: means the ordinance establishing stormwater fees, Ordinance No. 901, as amended. 21. Stormwater Utility Ordinance: means this Ordinance, as amended from time to time. 22. Stormwater Utility System or Drainage Utility System: means the stormwater utility system owned or controlled, in whole or in part by the City, including the City's existing stormwater facilities, materials, and supplies and any stormwater facilities, materials, and supplies hereafter constructed or utilized, and dedicated to the service of benefitted property, and including provision for additions to the system. The stormwater utility system has the same meaning as the drainage utility system. 23. Wholly Sufficient and Privately Owned Stormwater System: means land and facilities owned and operated by a person or entity other than the City and from which stormwater does not discharge under any storm frequency event or conditions into a creek, river, slough, culvert, culvert, channel or other infrastructure that is part of the City's stormwater utility system. SECTION II. ESTABLISHMENT OF A STORMWATER UTILITY A. Creation within the Meaning of the Act. The City hereby adopts the provisions of Subchapter C of Chapter 402 of the Texas Local Government Code and hereby creates and establishes a stormwater utility system to serve the City, whose boundaries shall be the boundaries of the City. The City declares the stormwater utility system(s) to be a public utility and further finds that the City shall: 1. establish a schedule of drainage (stormwater) charges against all real property in the City subject to charges under Subchapter C of Chapter 402 of the Texas Local Government Code; and 2. provide drainage (stormwater) for all real property in the City on payment of drainage charges, except such real property which may be exempted therefrom as authorized by law; and 3. offer such drainage (stormwater) service on non-discriminatory, reasonable and equitable terms. B. Duty of Director. It shall be the duty of the Director to administer the stormwater utility system. The Director shall keep an accurate record of all properties benefitted or served by WASouthlake\Ordinances\Storm Water\Stormwater.090506.Final.doc Page 4 the stormwater utility system and the stormwater utility fee charged for each parcel or portion of a parcel. The record may be maintained within the City's utility billing system or in other record keeping systems that may be developed. C. Program Implementation. By the adoption of this Ordinance, the City makes no representation that all of the City's stormwater problems will be remedied; and the City Council is given full discretion in establishing the time and quantitative priorities in expending funds on a reasonable basis as the same become available to meet the stormwater needs of the City. The adoption of this Ordinance shall not be construed to relieve private land owners, developers or other individuals or entities from providing stormwater improvements pursuant to the ordinances of the City and the laws of this state which relate to stormwater or stormwater improvements. Further, the City does not waive any immunity granted under any law. SECTION III. ESTABLISHMENT OF A STORMWATER UTILITY FEE AND BILLING A. Stormwater Utility Rate Classes. A stormwater utility fee is established, and the fee shall be imposed on each benefitted property within the City for services and facilities provided by the stormwater utility system. For purposes of imposing the stormwater utility fee, all eligible parcels within the City are classified into the following categories: 1. Residential 2. Non-Residential B. Responsible Party. 1. The stormwater utility fee shall be billed monthly along with water, wastewater or solid waste (garbage) billing. 2. The bill imposing the stormwater utility fee will be mailed to either the owner or customer as is currently established as the responsible party for water, wastewater and solid waste service for the parcel; and, the owner or customer recorded in the utility billing system will be responsible for payment of the fee. 3. Where an improved parcel is not occupied by a customer that might use water, wastewater, solid waste or other utility service and considered by the City to be vacant, either on a temporary or permanent basis, the City may bill the owner of the parcel for the stormwater utility fee. 4. Where the City does not bill water, wastewater or solid waste service to an owner or customer, the City is hereby authorized to establish a "stormwater only account" and to bill the stormwater utility fee to either the owner or customer, as appropriate. WASouthlake\Ordinances\Storm Water\Stormwater.090506.Final.doc Page 5 C. Revision of Rates. The City Council shall establish the initial rates for the stormwater utility fee by ordinance. The City Council may review the schedule of rates at any time and may, by ordinance, increase or decrease the rates within the schedule, upon a determination that said increase or decrease is warranted. D. Billing Procedures and Policies. 1. Any partial payment of the stormwater utility fee will be applied against the amount due in accordance with the policies and procedures established by the City with regard to all utility services provided by the City. 2. A late charge may be imposed in accordance with the policies and procedures established by the City with regard to all utility services. E. Non Payment. The City may file suit to recover any charges due hereunder, together with maximum interest, attorney fees and other costs and charges that may be allowed by the act or other law, which is not paid when due. In addition to any other remedies or penalties provided at law or in this Ordinance, failure of a customer or owner of the stormwater utility system to pay the charges promptly when due shall subject such customer or owner to discontinuance of any utility services provided by the City and/or placement of a lien against the property. SECTION IV. CALCULATION OF STORMWATER UTILITY FEES A. Rates in Accordance with Act. The stormwater utility fee shall be established in accordance with the provisions of the act, including, but not limited to, Section 402.047. B. Fee Calculation. The stormwater utility fee shall be based on an inventory of parcels within the City which also evaluates the stormwater runoff potential on those parcels and establishes a rate for each class of property. The stormwater utility fee shall be set to recover the cost- of-service that has been established for the stormwater utility system in a fair and equitable manner, and if so determined by the City Council, an amount to establish one or more funds to provide financing for future stormwater system construction and for implementing programs to improve stormwater quality. The proportional stormwater runoff potential for each class shall be distributed equitably between classes and among the parcels in each class in proportion to the relative contribution of stormwater runoff from each class. C. Stormwater Runoff Potential. For purposes of establishing the stormwater runoff potential on parcels between and within each rate class, the impervious area for parcels shall be inventoried from information established by Tarrant County and Denton County Appraisal Districts, from Geographic Information System records, from aerial photography and from site plans or plats available for properties within the City. The impervious area measured in square feet as obtained from these database sources, site plans or other survey or engineering calculations shall be used to establish the relative stormwater runoff potential for each rate class and among parcels within each rate class. W:\Southlake\Ordinances\Storm Water\Stormwater.090506.Final.doc Page 6 SECTION V. APPEAL A. Appeal of Stormwater Utility Fees to the Director. An owner or customer who has been charged a stormwater utility fee and believes that the calculation or determination of the stormwater utility fee is incorrect may appeal the fee determination to the Director. The Director shall evaluate all appeals based on the methodologies for calculating the stormwater utility fee set forth in the Stormwater Utility Fee Ordinance. B. Process. 1. The appeal shall be in writing and set forth in detail the grounds upon which relief is sought. The Director shall base his decision upon a preponderance of the evidence. 2. Until October 2007, the Director shall issue a decision on the appeal within four (4) months from the date that the Director receives the appeal. If the Director determines an adjustment is warranted, he shall authorize an adjustment retroactive to the beginning of billings of the appealed fee, but the adjustment period shall not exceed one (1) year. 3. After October 2007, the Director shall issue a decision on the appeal within thirty (30) days from the date that the Director receives the appeal. An adjustment resulting from such a request shall be prospective and applied to future billings and may also be retroactive for no more than three (3) months prior to the receipt of the appeal. 4. The Director shall issue a written decision on an appeal. B. Supporting Information for Appeal. The person filing the appeal may be required, at the person's cost, to provide supplemental information to the Director, including but not limited to survey data sealed by a Texas licensed professional land surveyor, engineering reports sealed by a Texas licensed professional engineer qualified in civil engineering, or other documentation that the Director deems necessary to properly evaluate the appeal. Failure to provide requested information in a timely manner may result in the denial of the appeal. C. Appeal of Stormwater Utility Fees to the City Council. 1. An owner or customer may appeal the following decisions of the Director to the City Council: a. the applicability of a stormwater utility fee to a parcel; b. the calculation of applicable stormwater runoff potential for a parcel; c. the calculation of the stormwater utility fee for a parcel; or d. the discontinuance of utility service, filing of a lien or other legal actions for non- payment of stormwater utility fees. 2. The owner or customer shall file a written appeal to the City Council with the City Secretary within thirty (30) days following receipt of the Director's decision. The City W:\Southlake\Ordinances\Storm Water\Stormwater.090506.Final.doc Page 7 Council shall hear the appeal within sixty (60) days of receipt of the appeal by the City Secretary. Notice of the hearing shall be mailed to the address given in the appeal form or, if no address is given, to the address on the utility billing statement at least fourteen (14) days prior to the hearing. 3. The burden of proof shall be on the owner or customer to demonstrate that the fee is not applicable or that the determination of the value of the fee was not calculated according to the applicable stormwater fee schedule or the methodologies established in the Stormwater Utility Fee Ordinance. If applicable, and if not previously submitted to the Director, the owner or customer shall submit, with the appeal, a report describing the basis for the appeal. The report shall be prepared by a Texas licensed professional engineer qualified in civil engineering. The failure to submit such a report shall be considered in determining whether the applicant has met the burden of proof. 4. If the appeal is accompanied by a bond or other sufficient security satisfactory to the City Attorney in an amount equal to the original determination of the stormwater utility fee due, any discontinued utility services may be reinstated while the appeal is pending. 5. At the hearing, the City Council shall allow testimony from the applicant, City employees and other interested persons relevant to the appeal. The hearing may be continued from time to time. 6. Following the hearing, the City Council shall consider all evidence and determine whether the appeal should be granted (in whole or in part) or denied. 7. The City Council shall complete its review and make a decision about the appeal within thirty (30) days of the hearing. The City Council shall apply the standards and review criteria contained in this Section. 8. The City Council's decision shall be final. D. Imposition and Appeal of Lien. 1. Before imposing a lien for delinquent stormwater utility charges, the City shall send notice to the owner of the amount of the charges owed and any penalties or interest accrued, and of the owner's right to appeal the imposition of the lien. The notice must provide a time, place and means by which the charges causing the lien may be paid or disputed. The notice shall be sent to the address shown on the tax rolls if the Owner has not notified the City of a different address. 2. Within ten (10) working days of the postmark of the notice sent to the owner, the owner may appeal the decision to impose the lien on the property to the Director. 3. The owner shall present evidence at a meeting with the Director. Within five (5) working days after the date of the meeting, the Director shall direct that the lien not be filed if he W:\Southlake\Ordinances\Storm Water\Stormwater.090506.Final.doc Page 8 finds the customer or the owner does not owe a fee, and shall give the owner written notice of his decision. 4. If warranted, the Director may modify the lien to reflect the true amount of delinquency in payment for services to the property. 5. When a person pays all principal, interest and all other charges allowed by law that are secured by a lien filed pursuant to this Ordinance, the Director shall execute a release of that lien. SECTION VI. TERMINATION OF DISTRICT If, after at least five (5) years of substantially continuous operation of the stormwater utility system, the City Council determines that the stormwater utility system should be discontinued, the powers under the act should be revoked, and the provision for financing municipal stormwater costs should be made by using other revenues, the City Council may adopt an ordinance that in effect, after providing notice and a public hearing as required by the act, discontinues the stormwater utility system. SECTION VII. STORMWATER UTILITY FUND A. Stormwater Fund. A stormwater utility fund is established and may consist of one or more accounts. All stormwater utility fees shall be deposited as collected and received into this fund, and shall be used exclusively for stormwater services as stated in Section 402.044(2) of the act, including, but not limited to the following: 1. The cost of the acquisition of land, rights-of-way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities used in draining the benefitted property; 2. The cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property; 3. The cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, designing, providing, or determining the feasibility and capability of structures, equipment, and facilities used in draining the benefitted property; 4. The cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property; 5. The prorated cost of funding and financing charges and interest arising from construction projects and the start-up cost of a stormwater facility used in draining the benefitted property; WASouthlake\Ordinances\Storm Water\Stormwater.090506.Final.doc Page 9 6. The prorated cost of debt service and reserve requirements for funding of stormwater infrastructure paid with revenue bonds or other securities or obligations issued by the City and supported by pledge of stormwater revenues; 7. The cost of constructing, sampling, monitoring, building, inspecting and maintaining structures needed for the City's regulations and permitting requirements for stormwater quality; and 8. The administrative costs of the stormwater utility system. B. Stormwater Fund Accounting. 1. The City shall clearly account for revenues and expenditures authorized for operation of the stormwater utility system. 2. The revenues collected from stormwater utility fees shall be segregated and completely identifiable from other City funds and accounts. 3. Funds and revenues in the stormwater utility fund may be transferred to the City's general fund as allowed by law. C. Stormwater Service Deposit. A deposit shall not be charged for initiation or continuation of stormwater utility service. SECTION VIII. EXEMPTIONS The following entities or persons shall be exempt from this Ordinance: A. Any property to which a mandatory exemption under Section 402.053 of the act applies, including without limitation: 1. property with proper construction and maintenance of a wholly sufficient and privately owned stormwater system that does not discharge under any storm frequency events or conditions to waterways controlled or maintained by the City; 2. property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the City for maintenance; and 3. a subdivided parcel or lot, until a structure has been built on the lot and a certificate of occupancy has been issued, or the City has taken another official action to release the property for occupancy; B. Any property to which a mandatory exemption under Section 430.003 of the Local Government Code applies, including without limitation: WASouthlake\Ordinances\Storm Water\Stormwater.090506.Final.doc Page 10 1. a state agency; and 2. a public institution of higher education; and C. the City. SECTION IX. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, as amended, except where the provisions are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION X. SEVERABILITY CLAUSE It is hereby declared to be the action of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, phrase, paragraph or section. SECTION XI. EFFECTIVE DATE This Ordinance shall be in full force and effect after its passage, and it is so ordained. PASSED AND APPROVED on First Reading on this day of , 2006. Andy Wambsganss, Mayor ATTEST: Lori Farwell, City Secretary WASouthlake\Ordinances\Storm Water\Stormwater.090506.Final.doc Page 11 PASSED AND APPROVED on Second Reading on this day of , 2006. Andy Wambsganss, Mayor ATTEST: Lori Farwell, City Secretary Approved as to form and legality: City Attorney W:\Southlake\Ordinances\Storm Water\Stormwater.090506.Final. doe Page 12 ORDINANCE NO. 901 AN ORDINANCE OF THE CITY OF SOUTHLAKE ESTABLISHING MONTHLY STORMWATER UTILITY FEES FOR THE PURPOSE OF FUNDING STORMWATER (DRAINAGE) PROJECTS AS AUTHORIZED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, within the City of Southlake there is an existing stormwater system which has been developed over a number of years for the purpose of collecting and disposing of stormwater runoff, and WHEREAS, the present system is inadequate to control and manage stormwater runoff and quality within the City limits; and WHEREAS, the City Council has adopted Ordinance No. 900, the Stormwater Utility Ordinance, creating a stormwater utility system for the purpose of providing stormwater service for real property in the proposed service areas upon payment of stormwater charges (except real property that is exempt from such charges), and offering stormwater service on nondiscriminatory, reasonable and equitable terms; and WHEREAS, the City Council now desires to levy a schedule of stormwater charges for stormwater services to provide stormwater infrastructure, which the City Council finds is nondiscriminatory, reasonable and equitable; and WHEREAS, in setting the schedule of charges for stormwater service, the City reviewed an inventory of the lots and tracts within the City and the area and development of the benefitted properties; and WHEREAS, it is the intent of the City to fund a stormwater utility system that fairly and equitably allocates the cost of stormwater control to properties in proportion to stormwater runoff potential for each type of property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION I. The City Council hereby establishes the stormwater utility fees as set forth herein. Stormwater utility fees will be levied against all real property in the established service areas except real property that is exempted in the Stormwater Utility Ordinance. These fees shall be imposed and issued with utility billing statements issued on and after November 1, 2006. W:\Southlake\Ordinances\Stormwater\Stormwater Rate. 090506.Final. doc Page 1 SECTION II. A. Stormwater utility fees shall be calculated based on the total stormwater runoff potential for improved parcels for each customer class within the City measured as impervious area in square feet (SF). The total stormwater runoff potential shall be divided into the two (2) customer classes of residential and non-residential based on the relative amount of impervious area in each class. B. Stormwater utility fees for residential property shall be calculated for one (1) dwelling unit based upon the relative amount of stormwater runoff potential for the residential customer class compared to the non-residential customer class at the following flat rates: 1. Single Family $ 8.50 per dwelling unit per month 2. Town Homes $ 4.25 per dwelling unit per month 3. Manufactured Homes $ 4.25 per dwelling unit per month 4. Duplex $ 4.25 per dwelling unit per month 5. Triplex $ 4.25 per dwelling unit per month 6. Quadplex $ 4.25 per dwelling unit per month C. Stormwater utility fees for non-residential property, including multi-family (five or more dwelling units), commercial, industrial, public, institutional, and governmental properties, shall be calculated for each improved parcel based upon the stormwater runoff potential on each parcel measured as impervious area in square feet (SF) at the following rates: Fee = Allocated Portion of Parcel(s) in square feet (SF) X $0.001329 / SF/ month. SECTION III. A. The stormwater utility fee for a parcel will be billed to the owner or customer who receives the water, sewer or solid waste billing for the parcel, as recorded in the City's utility billing system. B. The fee for a non-residential parcel which has multiple or shared utility billing accounts may be allocated to each utility billing account in proportion to the percentage of the impervious area that is allocated for use by each Owner or Customer compared to the total impervious area on the parcel. C. Where an improved parcel is not occupied by a customer that may use water, wastewater, solid waste or other utility service and considered by the City to be vacant, either on a temporary or permanent basis, the City may bill the owner of the parcel for the stormwater utility fee. W:\Southlake\Ordinances\Stormwater\Stormwater Rate. 090506.Final.doc Page 2 D. If the owner or customer receives no other utility service from the City, a stormwater only account may be established in the utility billing system to facilitate billing of the stormwater utility fee for the parcel. SECTION IV. All stormwater utility fees shall be deposited in the stormwater utility fund created under the Stormwater Utility Ordinance. SECTION V. The stormwater utility fee will be utilized to fund stormwater projects, equipment, personnel and other costs authorized in Section 402.044(2) of the Texas Local Government Code and the Stormwater Ordinance. SECTION VI. This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED on First Reading on this day of , 2006. Andy Wambsganss, Mayor ATTEST: Lori Farwell, City Secretary PASSED AND APPROVED on Second Reading on this day of 12006. Andy Wambsganss, Mayor ATTEST: Lori Farwell, City Secretary Approved as to form and legality: City Attorney W:\Southlake\Ordinances\Stormwater\Stormwater Rate.090506.Final.doc Page 3